Keebler Fudge Stripes Lack “Essential” Ingredients, Alleges Class Action Lawsuit

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Keebler Fudge Stripes Class Action Overview: 

• Who: A Colorado consumer says Ferrara Candy misrepresents the ingredients in its mint variety of Keebler Fudge Stripes. 
• Why: Allegedly, the cookies are not made with ingredients that consumers would expect in a mint-flavored fudge product but contain vegetable oils and artificial flavorings.  
• Where: The plaintiff filed a class action lawsuit in Illinois federal court Thursday. 

Ernie the Elf, along with the Ferrara Candy Company, allegedly take shortcuts when putting together their mint variety of Keebler Fudge Stripes line of cookies, substituting vegetable oils and artificial flavors, claims a class action lawsuit filed in Illinois federal court Thursday.  

Lead plaintiff, Colorado resident Jodi Cashman, wants to represent consumers in her state and Illinois, where Ferrara Candy is based, who purchased mint flavored Keebler Fudge Stripes. She claims that, along with “Keebler Magic,” the cookie is misrepresented as containing “Real” ingredients, duping consumers into paying a premium for the product.  

Cashman says that she paid at least $3.99 for a package of cookies purporting to be covered in fudge and flavored by mint, Fudge Stripes – Fudge Mint, under the Keebler brand. She says she had intended to purchase an indulgent treat and was convinced by pictures of mint leaves and statements on the packages that said “Fully Fudged – Fudge Mint,” “Naturally and Artificially Flavored,” and “Made With Real Keebler Fudge.” 

Keebler Fudge Stripes Missing Key Ingredients 

Despite these representations, the mint variety of Keebler Fudge Stripes is missing several “essential ingredients,” including real mint flavoring, alleges the class action lawsuit.  

Further, the “Real Keebler Fudge” is not made with butter, cream, or milk, says the lawsuit, but palm kernel, soybean, and palm oil, along with whey.  

“Reasonable consumers are misled by the ‘Made With Real Keebler Fudge’ claim because they expect this means a non-de-minimis amount of dairy ingredients instead of substitute, lower quality replacements like vegetable fats and whey,” states the Keebler Fudge Stripes class action lawsuit.  

Consumers Duped by Keebler Fudge Stripes False Advertising 

The plaintiff says that she and other consumers are increasingly on the lookout for products made with “real” ingredients. Cashman accuses Ferrara Candy of using these misleading statements to dupe increasingly health-conscious consumers about the content of its mint flavored Keebler Fudge Stripes.  

“The value of the Product that plaintiff purchased was materially less than its value as represented by defendant,” alleges the Keebler Fudge Stripes class action lawsuit and Cashman wants the candy company to pay a Class of Illinois and Colorado consumers back for the premium they were charged for the falsely advertised item.  

In addition, the plaintiff wants a court order forcing Ferrara Candy to remove the allegedly misleading statements from its mint variety of Keebler Fudge Stripes.  

Ferraro faces another class action lawsuit accusing it of using fake ingredients in the original variety of Keebler Fudge Stripes. Filed in New York federal court in January, the lawsuit accuses the company of using cheaper ingredients in its Fudge Stripes cookies and charging a premium for the product. 

Other companies have also found themselves in legal hot water over the ingredients used in their fudge products, including a Flipz White Fudge class action lawsuit filed in New York federal court in June. 

Do you purchase Keebler Fudge Stripes? Do you think Ferrara Candy misrepresents the cookies? Tell us in the comment section below! 

The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates, PC.  

The Keebler Fudge Stripes Class Action Lawsuit is Cashman v. Ferrara Candy Company, Case No. 1:21-cv-04033 in the U.S. District Court for the Northern District of Illinois.

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