A federal judge in Chicago dismissed a class action lawsuit alleging that Walmart Inc. deceived customers by marketing Fudge Mint cookies devoid of fudge and mint. A US judge rejected a proposed class action lawsuit alleging Walmart of misleading customers by selling Fudge Mint cookies that were Fudge Mint cookies without the mint.
The packaging for the cookies sold under Walmart’s Great Value label, according to Eugene DeMaso of La Salle, Illinois, misled logical shoppers because the cookies’ “fudge” and “mint” didn’t actually include any mint-related ingredients.
Rowland concurred with Walmart that the word “mint” only implied a flavor rather than genuine mint.
The judge compared the situation to legal cases where judges determined that vanilla was not necessary for goods like vanilla ice cream. She argued that it was important that items had a vanilla flavor.
U.S. District Judge Mary Rowland ruled on Tuesday that there was no evidence that consumers anticipate “fudge” to contain milk fat. DeMaso refuted this claim by claiming that fudge might have vegetable oils, just like Walmart’s cookies.
According to the judge, there is no evidence that consumers anticipate “fudge” to contain milkfat and that “mint” only refers to a flavor rather than actual mint.
Eugene DeMaso, the plaintiff, sued Walmart on behalf of customers in 26 different U.S. states.
The ruling will be reviewed, according to DeMaso’s attorney Spencer Sheehan, who has filed numerous lawsuits related to vanilla. His client has yet to decide whether to appeal, he added.
We are happy with the court’s decision and will continue to defend the firm against these charges, Walmart spokesman Randy Hargrove wrote in an email.
The number of lawsuits filed against the food and beverage business has increased recently, according to the law firm Perkins Coie, which reported 325 proposed class actions in 2021.
DeMaso had filed lawsuits on behalf of customers in 26 different U.S. states. According to the lawsuit, Walmart’s cookies cost at least $1.89 for 10 ounces and would have cost less if not for the allegedly deceptive claims.
