Waffle, Flapjack, and Baking Mixes from Kodiak Cakes

In December 2019, a class-action lawsuit was filed against Kodiak Cakes for allegedly misleadingly marketing its waffle, flapjack, and baking mixes. Specifically, plaintiffs claim that the company misleadingly:

  • Uses slack-filled boxes for its mixes to make consumers think they are getting more product than they actually are;
  • Markets that its mixes are “All-Natural,” “Free of Artificial Additives,” “Non-GMO,” and contain “No Preservatives” when, according to the complaint, the products contain non-natural, synthetic, artificial, and genetically modified ingredients;
  • Uses the phrase “Protein-Packed” to make consumers think products are high in protein when, according to the complaint, the products contain only small amounts of protein;
  • Markets products as “Healthy” and “Nourishing” when, according to the complaint, they contain too much fat, cholesterol and sugar, and not enough vitamin A, vitamin C, calcium, iron, protein, or fiber to be labelled “healthy” under FDA regulations.

(Stewart et al v. Kodiak Cakes, LLC, Case No. 19-cv-2454, S. D. CA.)

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You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.

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