The company Mondelez Global, LLC has many famous brands in its product lineup. One of them is Honey Maid graham crackers, which is almost a hundred years old. Unfortunately, the complaint for this class action alleges that the “graham cracker” designation is misleading because graham flour is not the main kind of flour used.
Two classes have been proposed for this action, a Nationwide Class and a New York Class.
Honey Maid graham crackers come in a dozen varieties, including original, vanilla, chocolate, and cinnamon flavors.
Graham flour is a kind of coarse-ground whole wheat flour. These days, the complaint says, when consumers are looking for healthier foods, and choosing whole-grain products over white-flour products, the suggestion that the products are made with graham flour matters.
The idea that the crackers are made primarily with whole grain is reinforced on the label, which promises “8g of whole grain per 31g serving,” and on the company’s website, which states, “Our Honey Maid graham crackers have whole grain and real honey[.]”
In reality, though, the ingredient panel lists “unbleached enriched flour” as the first ingredient, meaning that white flour is the predominant ingredient. Graham flour is second.
The complaint contrasts this with two competing products, Annie’s Honey Grahams and Remy’s Grahams, whose ingredient panels show that whole wheat flour is the first and primary ingredient.
According to the complaint, “It is reasonable for consumers [to] expect the Products’ composition to conform to their name because ‘graham’ modifies ‘crackers’ and even taken alone, ‘grahams’ is understood to refer to snacks which have graham flour as the main flour ingredient.” It even quotes two dictionary definitions for graham crackers that support the idea that consumers expect the products to be made primarily of graham flour.
The complaint alleges violations of New York’s General Business Law, in that the company made representations that are “false, unfair, deceptive and misleading.” It also claims breaches of warranty, negligent misrepresentation, fraud, and unjust enrichment.