Walmart Accused of Misrepresenting 'Cheese' Ingredients in Great Value's Macaroni & Cheese
Walmart is accused of falsely labeling their Great Value macaroni and cheese as containing "real cheddar cheese."
November 12, 2024 at 05:39 PM
3 minute read
Walmart was named in a consumer class action accusing the retailer of mislabeling its Great Value brand macaroni and cheese product as being "made with real cheddar cheese" when the predominant components of the "cheese" are made from whey and maltodextrin.
This complaint was first surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
The complaint, filed Nov. 11 in New York Supreme Court for Westchester County by Sheehan & Associates, maintains that Walmart markets the product as containing "real cheddar cheese," despite the fact that there is little to no "real cheddar cheese" present. The plaintiff, Dolores Gay, claims the defendants misled consumers into purchasing the product due to its misrepresentations regarding the product's contents.
Gay claims that she relied on the product's labeling to tell her about the ingredients in the product and expected real cheddar cheese to be the predominant ingredient, or at least present in a significant amount. Because of these misrepresentations, Gay claims she bought the product and paid more than she would have had she known real cheese wasn't present in a significant amount.
"The product is 'misbranded' and misleads consumers, because the labeling and packaging, 'made with real cheddar cheese,' 'fails to reveal facts material in light of such representations,' because in place of an absolute and relatively greater amount of real cheddar cheese, it has substituted whey, maltodextrin, and/or palm oil, replacements for real cheddar cheese," the complaint said.
The complaint alleges that whey, maltodextrin and palm oil are lower quality and lower cost cheese substitutes, which are added as fillers or bulking agents to help imitate the taste and attributes of cheese. The plaintiff further claims that these substitutions are of interest to consumers as real cheddar cheese costs more than the products Walmart substitutes it with, contains more nutrients, and has a different taste. As a result of the false representations, the product is sold higher than similar products that are not represented in a misleading way, and sold for higher than it would be absent the misleading representations, according to the plaintiff.
Gay brought claims for General Business Law (GBL) Sections 349 and 350, and requests class certification, monetary damages and interest, attorney fees, costs and expenses.
"We are committed to offering high-quality products and will review the complaint and respond appropriately to the court," a Walmart spokesperson said.
Sheehan, the plaintiff's counsel in Great Neck, New York, did not immediately respond to a request for comment. Counsel has not yet appeared for the defendant.
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