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Man alleges Oreos aren't 'made with real cocoa,' as advertised

By Carrie Bradon | Jun 14, 2019

SAN FRANCISCO (Legal Newsline) – The makers of Oreo cookies are facing a lawsuit from a California man over allegations the cookies' "made with real cocoa" label is false and deceptive.

Ruben Harper, on behalf of himself and all others similarly situated, filed a complaint on May 20 in the U.S. District Court for the Northern District of California against Mondelez International Inc., Mondelez Global LLC and Does 1-10 alleging violation of California's Unfair Competition Law, False Advertising Law and other counts.

The plaintiff alleges the defendants' "made with real cocoa" claims are false and misleading because products contain alkalized cocoa, is a highly processed form of cocoa that lacks the health benefits that real cocoa contains. The plaintiff alleges that "real" labeling should represent that "the cocoa powder is included in its most unadulterated, non-artificial form."

The plaintiff alleges that had he known that the defendant's products allegedly did not contain real cocoa, he would not have purchased them.

The plaintiff is seeking trial by jury; statutory, compensatory, treble and punitive damages; interest; monetary relief; attorneys' fees and expenses; costs of the suit; and other relief deemed fit. The plaintiff is represented by Reuben D. Nathan of Nathan & Associates APC in Newport Beach, California, and Matthew Righetti and John Glugoski of Righetti Glugoski of Righetti Glugloski PC in San Francisco.

U.S. District Court for the Northern District of California case number 4:19-CV-02747

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