• On July 28, 2020, a New York federal judge dismissed class action claims against Oreo maker Mondelez Global LLC that accused the company of misleading consumers with “always made with real cocoa” labels on its Oreo packaging.
  • Plaintiffs from 12 states filed suit in April 2019, accusing Mondelez of misleading consumers because the cocoa used in Oreos is “highly processed and modified” with alkali.  Based on the Oreo labels, plaintiffs claimed that a reasonable consumer would expect unadulterated cocoa.  Plaintiffs further claimed that alkalized cocoa does not have the health benefits that consumers expect from “real cocoa.”
  • U.S. District Judge Edward R. Korman dismissed the class action and held that plaintiffs failed to show that Mondelez misrepresented cocoa content on the labels.  Rather, the judge held that the assertion that Oreos are made with diluted cocoa does not negate the fact that the cookies were made with real cocoa, even if mixed with another ingredient.  This is not the first case challenging alkalized cocoa and “real”/”simple”/”natural” claims and is not likely to be the last.