District Attorneys File Lawsuit Against Kroger for False Advertis

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Kroger Faces Civil Lawsuit Over Calorie Claims on Bread Products

by: Food and Drug Law at Keller and Heckman of Keller and Heckman LLP - The Daily Intake

Thursday, June 13, 2024

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The District Attorney’s Offices of Ventura and Santa Barbara Counties have filed a civil lawsuit against The Kroger Co. in Santa Barbara Superior Court alleging that Kroger had violated California’s false advertising and unfair competition laws. Kroger operates several grocery stores across California such as Ralph’s, Food 4 Less, and Foods Co.
The complaint alleges that, between November 2018 and June 2022, Kroger marketed its CARBmaster Wheat and CARBmaster White breads as containing 30 calories per slice, while the actual calorie content was alleged to contain 50 calories or more. Additionally, the complaint alleges that false CARBmaster calorie counts were displayed on both the front packaging and the Nutrition Facts Panel before June 2022. The complaint further alleged that Kroger persists in misleadingly advertising inaccurate, lower calorie counts on its websites to this day.
Ventura County District Attorney, Erik Nasarenko, emphasized the importance of accurate nutritional information for consumer health and the unfair advantage false advertising provides over compliant competitors. “Consumers rely on nutritional information to make important decisions about their personal health and well-being,” he said. “For some consumers, these decisions are based upon medical necessity. False advertising of calories can mislead, or even endanger consumers, and it provides an unfair advantage over competitors who are advertising in compliance with FDA guidelines.”
Santa Barbara District Attorney, John Savrnoch, stressed the importance of consumers’ right to accurate product information, particularly caloric content. “Consumers are entitled to accurate information on products, especially caloric information on food items,” he stated. “My office is committed to protecting the public by enforcing the False Advertising Law and Unfair Competition Law, and we are grateful to jointly prosecute this case with the Ventura County District Attorney’s Office.”