Brach’s Milk Maid Caramels Falsely Advertised as ‘Made with Real Milk,’ Lawsuit Alleges

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Ferrara Candy Company has misled consumers by advertising its Brach’s Milk Maid caramels as “Made with Real Milk” even though the candy contains no milkfat, a proposed class action alleges.

According to the 17-page lawsuit, consumers who view the prominent “Made with Real Milk” and “Rich and Creamy” representations on the front of the Brach’s Milk Maid caramels package expect the product to contain more than a trace amount of milkfat.

The complaint alleges that these representations are “false, deceptive, and misleading” because the candy’s fat content comes exclusively from vegetable fat.

The lawsuit relays that the quality of caramel is dependent on the amount and type of fat used in the candy, which is traditionally made with butter, sugar and milk or cream, the suit says. As such, shoppers understand the references to milk that appear on the Brach’s Milk Maid package as an indication that the caramel contains a significant amount of milkfat, the case argues.

The suit alleges, however, that the fat content of Brach’s Milk Maid caramels is “entirely from vegetable fat” in the form of hydrogenated palm kernel oil. Although the ingredients list includes skim milk and buttermilk, skim milk has less than 0.1 percent fat, and buttermilk has less than 0.5 percent fat, the case relays.

Per the lawsuit, whey is added to the caramel product as a cost-saving substitute for more expensive milk ingredients.

According to the complaint, it is “false, deceptive and misleading” to switch out “the most valuable component of milk,” milkfat, with less expensive vegetable oils. The case contends that consumers would not have purchased Brach’s Milk Maid caramels, or would have paid less, had they known the candy did not contain a significant amount of milkfat.

“Reasonable consumers must and do rely on a company to honestly and lawfully market and describe the components, attributes, and features of a product, relative to itself and other comparable products or alternatives,” the complaint reads. “The value of the Product that Plaintiff purchased was materially less than its value as represented by Defendant.”

The lawsuit looks to represent anyone in Illinois, Arkansas, Iowa, Wyoming, Texas, Nebraska, South Dakota, West Virginia, Utah, Idaho, Alaska and Montana who purchased Brach’s Milk Maid caramel candies within the applicable statute of limitations period.

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