On February 26, an Illinois resident, Rabia Hamidani, filed a proposed class action complaint against Bimbo Bakehouse LLC alleging the bakery manufacturer of selling misleadingly labeled Cheesecake Factory-branded bread. Specifically, Hamidani alleged the bread and bread label deceived buyers into believing the bread was healthier and contained more whole grains than it actually did based on the bread’s brown hue, a crust with visible grain pieces, and the claim “no artificial preservatives or flavors” declared on the label’s principal display panel.

According to the complaint, bran gives whole grain products a distinctive brown coloring, whereas refined grains are white in color. Hamidani argued that the brown color of the Cheesecake Factory-branded bread came from dried molasses and caramel color, and not whole grains, given that enriched wheat flour was the most predominant ingredient and whole wheat flour was third. Further, it was asserted that the product’s name “Brown Bread” “takes advantage of consumer assumptions and beliefs about the darker color of whole grain products.”

Hamidani argued that consumers increasingly prefer whole grain products because they are nutritionally superior to non-whole grain products. She further stated that the product’s appearance and name misled consumers into believing the bread was more nutrient-dense than similar products, and caused consumers to pay a premium for the “Brown Bread.”

Hamidani argued the company violated the Illinois Consumer Fraud and Deceptive Business Practices Act through false and misleading statements and omissions regarding the “absolute and relative amount of whole grains compared to refined grains” within the product. She also claimed negligent misrepresentation, fraud, and unjust enrichment, among others.