NEW YORK (Legal Newsline) – The lawyer who has sued the food and beverage industry over its use of vanilla flavoring has started a new fight to get more carrots in donuts.
Spencer Sheehan filed a class action lawsuit on behalf of Donna James in New York federal court on Aug. 9 against Hostess Brands. It complains that Hostess’ carrot cake-flavored donettes contain no real carrots.
Orange packaging helps trick snackers into thinking real carrots will be a big part of the little donuts, the lawsuit says.
“The representations are misleading because the product contains less carrots than consumers expect,” the suit says.
The suit comes equipped with a small history of carrot cake, which originated from puddings eaten during the Middle Ages that were flavored with carrots as a substitute for expensive sugar.
Sheehan’s lawsuit alleges the packaging violates the Food, Drug and Cosmetic Act because its branding is false or misleading.
“The FDA recognizes that product names can be misleading when they suggest one or more, but not all, of the key ingredients, like carrots, yet fail to disclose other more predominant ingredients like natural and artificial flavors,” it says.
Sheehan has filed dozens of lawsuits over flavor representations. His cases against vanilla products say they don't include real vanilla, and he has also claimed consumers are misled into thinking white products like Kit-Kat White trick buyers into thinking they are white chocolate because they are placed next to other chocolate products.