Entenmann’s Chocolate Fudge Iced Cake
Allegations: Misleadingly marketing that the icing is fudge when it is missing ingredients essential to fudge and contains ingredients not found in fudge
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 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:
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.
Lawsuits allege brownie brands and others lack the essential dairy ingredients to call their products fudge.
And it’s a hearty fee that food manufacturers pay for the right to display the AHA’s heart-check mark.
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