CHICAGO (Legal Newsline) - Included in a recent pile of fudge lawsuits is a proposed class action against Kellogg's.
Roberta Reinitz, individually and on behalf of all others similarly situated, filed a federal class action complaint on August 23 in the Northern District of Illinois against Kellogg Sales Company for consumer fraud, violation of state consumer fraud acts, implied warranty and merchantability and unjust enrichment.
According to the complaint, Kellogg Sales Company manufactures, labels, markets, and sells toaster pastries labeled as “Frosted Chocolate Fudge,” shown on their packaging next to a chunk of solid fudge, under the Pop-Tarts brand.
Reinitz alleges Kellogg Sales Company is misleading customers because the ingredients used in the Pop-Tarts do not include ingredients consistent with real "fudge," as fudge is “is a type of sugar candy that is made by mixing sugar, butter and milk.” The products in question use soybean and palm oil (with TBHQ for freshness), corn syrup and whey as ingredients instead, the suit says.
Reinitz seeks injunctive relief to remove, correct and/or refrain from the challenged practices and representations, and restitution and disgorgement for members of the class; monetary damages, statutory and punitive damages, costs and expenses. Reinitz is represented by Spencer Sheehan, who has filed several similar cases recently..
U.S. District Court Central District of Illinois case number 1:21-cv-01239-JES-JEH