CHICAGO (Legal Newsline) - Bimbo Bakeries faces a class action lawsuit over a chocolate cake iced with what the company calls fudge.
Wayne Bartosiake, individually and on behalf of all others similarly situated, filed a federal complaint on August 23 in the Northern District of Illinois against Bimbo Bakeries USA, Inc.
According to the complaint, Bimbo Bakeries manufactures, labels, markets, and sells a chocolate cake purporting to be iced with chocolate fudge but that is actually a misleading representation because it gives consumers the impression the product contains a greater relative and absolute amount of fudge than it does.
Fudge “is a type of sugar candy that is made by mixing sugar, butter and milk,” and can be of any flavor, but the product in question does not contain milkfat but instead contains ingredients typically from dairy or vegetable oils, the suit says.
Bartosiake is represented by Spencer Sheehan.
U.S. District Court Northern District of Illinois case number 1:21-cv-04495