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ARTICLE · 25 AUGUST 2022

Walmart's Fudge Mint Class Action Permanently Dismissed

On August 23, an Illinois federal judge dismissed a putative class action lawsuit against Walmart over its fudge mint cookies (subscription to Law360 required).

United StatesLitigation, Mediation & Arbitration
  • On August 23, an Illinois federal judge dismissed a putative class action lawsuit against Walmart over its fudge mint cookies (subscription to Law360 required). The plaintiff Eugene DeMaso claimed that the product label was misleading because the cookies did not contain fudge made from dairy fats or actual mint leaves. However, U.S. District Judge Charles R. Norgle held that the label was not misleading because no consumer expects the fudge to be made with dairy fats, or that the mint refers to anything other than a flavor.

  • DeMaso had alleged that fudge must contain dairy ingredients as its source of fat, but that the Walmart cookies contain only vegetable oils. DeMaso's allegation was largely based on his own definition of fudge. However, the definition of "fudge" was not at issue but what a reasonable consumer expects fudge to mean. Judge Norgle held that DeMaso did not plausibly allege that reasonable consumers would expect fudge to contain fat from dairy

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