April 2020: A federal judge granted preliminary approval of a settlement agreement in which the company agreed to change the marketing materials for several of its baked goods. According to the settlement agreement, the company agreed to remove:

  • The “Good source of whole grain” claims and the AHA Heart Check Mark from the packaging of certain products;
  • Soy flour from the ingredients list of certain products; and
  • The coloring ingredients in certain products.

The agreement notes that several of the products at issue were discontinued and a few of the products are no longer controlled by Bimbo Bakeries. The settlement agreement does not provide monetary relief to the class members.

January 2018: A federal judge lifted the stay.

March 2016: This action was stayed pending decisions in two related cases in the Ninth Circuit Court of Appeals. (One of the cases was subsequently voluntarily dismissed and the other was stayed pending the FDA’s investigation regarding the proper use of the word “natural.”)

March 2014: A federal judge dismissed some of the class-action claims originally filed against Bimbo Bakeries in 2013 for false advertising. The remaining claims allege that the company:

  • Falsely advertises products as a “good source” and an “excellent source” of whole grains in violation of FDA regulations,
  • Improperly uses the label “bread” on products that contain banned artificial colors, in violation of FDA standards,
  • Falsely advertises products as “100% Whole Wheat” when they actually contain soy flour, and
  • Uses the American Heart Association’s “Heart-Check” mark without informing consumers that the mark is a paid “endorsement.”

To read the full decision and learn more about the dismissed claims, click here.

March 2013: A class-action lawsuit was filed against Bimbo Bakeries for deceptive marketing by allegedly making false statements about the nutrient content and health benefits of some of its bakery products.  Among the products at issue are Thomas’s Plain Bagel Thins, Sara Lee 100% Whole Wheat Bread, Sara Lee Soft & Smooth Whole Grain White Bread, Boboli Whole Wheat Thin Pizza Crust, Bimbo Original Toasted Bread, and its Entenmann’s products line. (Ang et al. v. Bimbo Bakeries USA, Inc., Case No. 13-cv-1196, N.D. Cal.)

For more information about other class-action lawsuits filed against Bimbo Bakeries and TINA.org’s coverage of the company, click here.


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Class Action

Entenmann’s Butter Loaf Cakes

Allegations: Misleadingly marketing products as “All Butter” without adequately disclosing that artificial flavors enhance the butter taste

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