A proposed class action accuses Kind LLC of misleading consumers by marketing bags of granola as “High in Fiber” when this claim is only true for the products’ larger serving size.
According to the 11-page lawsuit, consumers are led to expect KIND granola—in particular, the cinnamon oat variety—to be fiber-rich when consumed as a snack as opposed to a cereal. However, as the case charges, very small text found at the bottom of the front label explains that the high-fiber claim applies only to the 65-gram serving size—i.e., when the granola is eaten as a cereal.
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According to the complaint, food products must include at least twenty percent of the recommended daily amount of fiber if they are to be labeled as high in fiber. However, the “snack” column of the KIND-brand granola’s nutritional facts panel, which is based on a serving size of 30 grams (one third of a cup), shows the product contains four grams of fiber—only fourteen percent of the recommended daily amount, the filing contends.
Per the suit, the back label of the KIND granola also includes nutritional information in a second “bowl” column, with a serving size of 65 grams. The lawsuit explains that when nutritional facts are delineated in two columns, the product is required to mark clearly upon which column the nutrient content claims are based.
The small print on the front label that reads “[a]ll nutrition information above is based on a 65g serving size” can only be found at the bottom of the packaging and is hard to read, the case claims.
The complaint alleges that only when the granola is designated as a cereal with the serving size matching the “bowl” column does the high-fiber claim prove true. The case argues, however, that “several signals” on the granola’s label indicate that Kind “does not really believe its Product is a cereal.”
“While the Product can be eaten as cereal, it is not a cereal nor sold with other cereals but with snacks,” the complaint reads.
According to the case, the plaintiff, an Illinois resident, “expected prominent label statements would be based on consuming the Product as a snack” and “could not see the small print at the bottom of the label” that disclosed that the granola’s fiber-related claims were based on a larger serving size. The lawsuit charges that Kind’s misrepresentations have led other consumers like the plaintiff to overpay for the granola, which is allegedly sold at a premium price because of its nutritional claims.
The lawsuit looks to represent anyone in Illinois, New York, South Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, South Carolina, and Utah who purchased KIND cinnamon oat granola during the statute of limitations.
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