Class Action Says Buyers Misled as to Cheesecake Factory ‘Brown Bread’ Whole Grain Content

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges Cheesecake Factory-brand “Brown Bread” is misleadingly positioned as “whole grain” despite the fact that its predominant ingredient is enriched wheat flour.

The 18-page lawsuit against Bimbo Bakehouse LLC says that although the Cheesecake Factory-brand bread has a dark brown color and is speckled with visible pieces of grain, the product’s relatively low fiber content indicates that it contains more enriched wheat flour than whole grain, its third most predominant ingredient.

“Even if a consumer reviews the ingredients, they will not know what percent of the Product’s grains are refined and whole grains,” the case contends, alleging that the bread’s color and decoration with pieces of grain lead buyers to expect that it’s made mostly with whole grain flours. 

Moreover, the complaint argues that the product’s name—“Brown Bread”—further plays on consumer assumptions and beliefs about the purportedly whole grain item. 

“That the name is presented in quotes does not tell consumers that the Product is not really brown bread,” the suit says. “Instead, the quotes are used to identify the Product as the brown bread typically served to consumers at The Cheesecake Factory restaurants.” 

According to the complaint, consumers increasingly prefer whole grains to refined grains given the former’s nutritional superiority. The case states that many consumers expect foods that are rich in whole grains to be a good source of fiber. Visually, consumers in search of whole grain products tend to look for items darker in color with visible grains, the suit adds. 

Per the lawsuit, the Cheesecake Factory “Brown Bread” found in stores contains only one gram of fiber per serving. The bread’s dark color is provided by dried molasses and added caramel coloring, which, according to the case, “cause the bread to be significantly darker than it would be if the color was based solely on the ratio of refined grains to whole grains.” 

The suit stresses that reasonable consumers rely on a company to honestly identify and describe the “components, attributes, and features” of a product relative to itself and other, comparable alternatives. The value of the Cheesecake Factory “Brown Bread” was “materially less” than the value represented by Bimbo, the case alleges. 

The complaint looks to cover all consumers in Illinois, Arkansas, Montana, Nebraska, Virginia, Georgia and Iowa who bought the product within the applicable statute of limitations period. 

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.