Legal Newsline

Wednesday, April 1, 2020

Customer sues Krispy Kreme over its apple pie

Federal Court

By Marian Johns | Jan 13, 2020


NEW YORK (Legal Newsline) – A man is suing Krispy Kreme, alleging its apple pie product labels are misleading because the front labels fail to disclose product has artificial flavoring. 

Michael Williams filed a class action complaint  Dec. 27 in the U.S. District Court for the Southern District of New York against Krispy Kreme Doughnut Corp., alleging negligent representation, breach of express warranty, implied warranty of merchantability and Magnuson Moss Warranty Act, fraud and unjust enrichment. 

Williams alleges that Krispy Kreme's labels on its single-serving Glazed Apple Pies are misleading. He claims the product's front labels state they are "made with real fruit filling and other natural flavors" and use "original glazed flavoring" and does not disclose that the product has artificial flavoring. The product's ingredient list does disclose "natural and artificial flavors."

"Consumers expect that where a product identifies 'original glazed flavoring,' that flavor will be supplied by natural flavors instead of artificial flavors," the suit states. "However, the product is misleading because it does not disclose the glazed flavoring is the result of artificial flavor."

Williams seeks injunctive relief, monetary damages, a trial by jury and all other just relief. He is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York. 

U.S. District Court for the Southern District of New York case number 2:19-CV-11878-GHW

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Krispy KremeU.S. District Court for the Southern District of New York New York Division