NEW YORK (Legal Newsline) – Keebler elves are misleading snackers into thinking they are using real fudge, a class action lawsuit says.
Lawyers Spencer Sheehan and Abraham Kleinman filed a lawsuit Jan. 8 in New York federal court against Ferrara Candy Company, arguing Fudge Stripe cookies contain fudge that is not really fudge.
The packaging says “Made With Real Keebler Fudge.”
“When consumers observe the representation ‘Made With Real Keebler Fudge,’ they will expect the fudge used in the Product contains the types of ‘real’ ingredients which are essential to fudge – sugar, milk and butter,” the lawsuit says.
“However, the front label representation is false and misleading because the Product contains ingredients inconsistent with any kind of ‘real’ fudge, as its fudge contains vegetable oil, invert syrup and whey, instead of butter, sugar and milk.”