Krispy Kreme’s “Glazed Apple Pie” product is the subject of a proposed class action lawsuit that claims the pies’ packaging misleadingly implies that the dessert contains no artificial flavors.
Prominently displayed on the front of the box are statements that the apple pies are “Made with Real Fruit Filling and Other Natural Flavors” and contain “Original Glazed Flavoring,” the case states. These representations, coupled with depictions of whole and cut apples, lead consumers to believe that the product’s central features—the fruit filling and glazed coating—are not artificially flavored, the lawsuit argues.
Nevertheless, buried in the ingredients list on the back of the packaging is an indication that the product contains “Natural & Artificial Flavors,” the suit states. The case argues that because the artificial flavor reinforces the product’s characterizing natural flavor, its presence must be disclosed on the front of the packaging in order to avoid deceiving consumers. Upon viewing the representations on the front of the box, consumers, the lawsuit argues, would inaccurately expect that the pies’ “original glazed flavoring” and fruit filling do not contain artificial flavors.
The plaintiff claims he would not have purchased the product, or would have paid less for it, had he known the pies contained artificial flavors.