CENTRAL ISLIP, N.Y. (Legal Newsline) - Eaters expect Pepperidge Farm's harvest wheat crackers would have more whole grains than they do because of the box they come in, a lawsuit claims.
Plaintiff Agnita Cheah filed suit against Pepperidge Farm on June 20 in New York federal court. She is represented by attorney Spencer Sheehan, whose complaint states Cheah expected a predominant amount of whole grains compared to refined grains.
The box shows cracks with "specks of what appear to be grains," the suit says.
"Where grains and wheat are described with the term 'harvest'.. consumers expect a product which is mostly whole grain," the suit says. "This is because the word 'harvest' is defined and understood as 'the process or period of gathering in crops.
"By emphasizing the 'harvest' in 'harvest grain' and 'harvest wheat,' consumers expect that the wheat and grains they are consuming is closer in form to its original 'harvest' state than after it is fully refined."
The no. 1 ingredient listed on the crackers is enriched wheat flour, while whole wheat flour is fifth.