A proposed class action claims Crumbl Cookies has grossly misrepresented the number of calories in its products, allegedly “some of the most unhealthy dessert products on the market today.”
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The 33-page first amended complaint says the gourmet cookie seller, reportedly the fastest-growing dessert retailer nationwide, highlights the fact that its cookies can be enjoyed guilt-free while failing to disclose that each cookie “contains a significantly higher calorie content” than the company lets on. Essentially, Crumbl has deprived consumers of the ability to make informed choices about their calorie intake, the suit contends.
According to the lawsuit, Crumbl “carries out this deception” by claiming publicly that the calorie content of its cookies varies depending on serving size and by product. However, the company does not reveal, and “in fact takes pains to deliberately conceal,” according to the case, that a single cookie can amount to “as many as four servings.”
“Thus, a cookie that is advertised to [a] consumer as containing 190 calories ‘per serving’ actually contains 760 calories per cookie,” the complaint summarizes.
In fact, the suit goes on, many of Crumbl’s cookies account for “as much as a third or more” of an average consumer’s daily recommended caloric intake. Per the case, Crumbl, who reportedly sold on average more than a million cookies per day last year, deliberately hides this from the public.
“By showcasing [the purportedly lower calories] of its product line, Defendant appeals to health-conscious consumers seeking delicious treats that nonetheless align with their dietary goals,” the lawsuit reads. “This focus has helped Defendant establish a unique position in the market, attracting customers who value both taste and nutritional value.”
According to the case, some Crumbl cookies boast calorie counts “as high as 900 per cookie.”
The lawsuit charges that Crumbl has violated the FDA’s on-menu calorie disclosure requirements for retail food establishments with 20 or more locations. In doing so, the suit alleges, Crumbl has created a false impression among consumers that its cookies are low in calories when, in reality, “they contain enormous amounts of calories, fats, cholesterol, and sugar.”
In particular, Crumbl has failed to list on menus the calories for each single, undivided cookie, even though the FDA requires a food retailer to list the total calories for a standard menu item as it is usually prepared and offered for sale, the suit claims. Moreover, Crumbl has claimed in-store and online that the calorie content of cookies is “dependent on serving size,” which “varies by product,” even though, according to the filing, “[t]his is absolutely untrue.”
Further, Crumbl has intentionally used the reference amount customarily consumed of 30 grams for a cookie, and applied this to its cookies’ total calorie counts “despite the FDA’s prohibition against this practice” and the legal requirement that food retailers must state the calories “for a whole, single menu item,” the case alleges. Lastly, the lawsuit claims Crumbl has failed to follow font, size and position requirements for on-menu calorie disclosures, burying the information next to other disclaimers that used brighter and bigger fonts.
“The resulting financial windfall to Defendants as a result of this fraudulent scheme has been enormous,” the suit says.
The complaint accuses Crumbl of “violating consumer trust” and showing a “disregard for ethical marketing practices.”
The lawsuit looks to cover all consumers nationwide who bought Crumbl cookies within the last four years.
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