Plaintiff Rabia Hamidani, on behalf of herself and all other similarly situated, filed suit last Saturday in the Northern District of Illinois against defendant Bimbo Bakehouse LLC. The suit alleges that the defendant knowingly misrepresented their brown bread product to consumers in an effort to generate more sales.
The defendant manufactures and markets a whole grain brown bread product, which they produce under the Cheesecake Factory brand, per the plaintiff. The complaint explains that consumers frequently prefer whole grains to other forms due to their nutritional superiority and containment of fiber.
Consumers seeking whole grain bread also favor bread that appears visually darker, the complaint describes, as that is known to be indicative of a higher whole grain content. Companies are even known to put additional ingredients into their whole grain bread in order to create “the impression it contains more whole grain flour than it does.”
The complaint added that the Food and Drug Administration (FDA) has noted and warned consumers to be cognizant of the fact that it is not uncommon for companies to find methods to mislead consumers as to the whole grain content of their products. Companies in the past who have engaged in the misrepresentation have also been reprimanded by the FDA.
Plaintiff Hamidani asserts that the defendant’s brown bread product is not mainly whole grain, and therefore is misleading since it is a dark brown color, has visible pieces of grain, and is labeled as “brown bread.” In the nutrition facts for the product, it is revealed that it contains almost no fiber, less than 5% of the recommended daily intake. Further, the most predominant ingredient in the product is not whole grain flour but rather enriched wheat flour.
Additionally, the plaintiff argues that oats and rye flakes are added to the exterior of the product, causing consumers to “see these visible grain pieces and expect the Product is made from these whole grain flours, even though their purpose is only visual.” The product uses dried molasses and caramel color ingredients to make the product appear darker and generate the overall misleading impression that the product contains more whole grain than it actually does.
The plaintiff concludes by noting that if they had known the representation of the product facilitated by the defendant was misleading, they would not have bought the product or would have paid less for it.
The complaint cites violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, State Consumer Fraud Acts, breach of contract, breach of express warranty, implied warranty of merchantability/fitness for a particular purpose and Magnuson Moss Warranty Act, negligent misrepresentation, fraud, and unjust enrichment.
Hamidani is seeking class certification for all those similarly situated, preliminary and permanent injunctive relief, monetary, statutory, and punitive damages, litigation fees, and any other relief deemed proper by the court.
The plaintiff is represented by Sheehan & Associates, P.C.
