A new class action lawsuit accuses the makers of Keebler brand cookies of falsely marketing cookies, because the “Real Keebler fudge” cookies lacked key ingredients.
On July 29, attorney Spencer Sheehan, of Great Neck, New York, filed suit in Chicago federal court against Chicago-based Ferrara Candy Company.
Ferrara purchased the Keebler brand from Kellogg Company in 2019.
The lawsuit was filed on behalf of named plaintiff Jodi Cashman, of Peoria, Colorado.
The complaint faults Ferrara for selling Keebler brand cookies that claim to include fudge, but actually include only a fudge-like product that doesn’t include milk and butter. The complaint asserts those dairy ingredients are necessary to actually claim a product contains fudge.
Instead, the lawsuit asserts the dairy ingredients are replaced in “Keebler fudge” by less expensive ingredients, including vegetable oil and whey. That, the complaint said, means the “Keebler fudge” leaves a “waxy mouthfeel,” rather than a “creamy, rich taste” that allegedly normally characterizes fudge.
The lawsuit specifically targets the marketing surrounding Keebler Fudge Mint Cookies and Keebler Fudge Stripe Cookies.
In addition to the alleged lack of dairy ingredients, the lawsuit further asserts the Keebler brand cookies also do not include real mint, but rather an artificial mint flavor.
The ingredient substitutions allowed Ferrara to allegedly sell more of the cookies at higher prices, the complaint asserted.
The lawsuit accuses Ferrara of consumer fraud and breach of warranty, among other counts.
The plaintiffs seek to expand the action to include a potentially large class of additional plaintiffs in Colorado – where Cashman bought her Keebler cookies – and in Illinois.
The complaint seeks unspecified money damages and restitution, plus attorney fees.