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A new class action against a popular cookie maker claims Keebler fudge is fraudulently sold and marketed.
Lead plaintiff Sharon Pizarro says Keebler fudge is not real fudge because it isn’t made with traditional fudge ingredients.
Pizarro accuses Ferrara Candy Co., which makes Keebler fudge, of using cheaper ingredients in its Fudge Stripes cookies and charging a premium for the product.
She says she believed the packaging, which states the cookies are “made with real Keebler fudge.”
Traditional fudge is made with three ingredients, Pizarro says in the complaint: milk, sugar and butter.
A listing of ingredients on the Keebler Fudge Stripes cookies, according to the complaint, shows they contain none of those ingredients, but inferior substitutes.
“The representation as being made with “real [Keebler] fudge” is false, deceptive and misleading because it lacks the ingredients essential to any fudge, let alone ‘real’ fudge,” Pizarro says in the class action lawsuit.
Consumers have to look hard to find this information, Pizarro claims. The complaint describes how the ingredients for the Keebler Fudge Stripes cookies are not separated into their fudge and cookie components, leaving them obscured in a long list.
Instead of milk, sugar and butter, the Keebler fudge is actually made from vegetable oil, invert syrup and whey, Pizarro says. The use of subpar ingredients “means the fudge provides less satiety, has a waxy and oily mouthfeel and leaves an aftertaste.”
She cites baking standards widely accepted when it comes to making fudge. In the complaint, she refers to a study conducted by the American Baker’s Association that showed half of consumers want “real” ingredients in their baked goods.
She claims baking experts advise to never use substitutes for fudge. Although the complaint does not specifically refer to recipes for Keebler fudge, Pizarro says standard advice is never to use vegetable oils or margarine in lieu of butter.
These oils, which are blends containing soybean, kernel and palm oils, have more water and keep the fudge from setting properly, according to the class action lawsuit.
Whey, a cheaper ingredient than milk, lacks the milk fats needed to give fudge its creamy texture. Pizarro argues milk fats also are needed to support any claims Keebler fudge is “real.”
“Butter and milk are the epitome of ‘real’ ingredients since they are unprocessed and maintain their original form from the time they are produced until the time they are incorporated into other foods,” Pizarro says in the complaint.
Pizarro’s class action lawsuit over Keebler fudge is one of several challenging ingredient authenticity in chocolate.
In October 2020, Häagen-Dazs and Whole Foods were hit with claims the chocolate on their ice cream bars is made with vegetable oils instead of milk and butter.
Earlier this month, the makers of Dove ice cream bars were served with a class action lawsuit over similar allegations that they use vegetable oils in their chocolate.
Do you buy Keebler fudge cookies expecting them to be made with real fudge? Should chocolate and fudge makers be held accountable for claims about real fudge? Let us know why or why not in the comments below.
Counsel representing the plaintiffs in this class action lawsuit are Spencer Sheehan of Sheehan & Associates PC and Abraham Kleinman of Kleinman LLC.
The Keebler Fudge Class Action Lawsuit is Pizarro, et al. v. Ferrara Candy Co., Case No. 7:21-cv-00151, in the U.S. District Court for the Southern District of New York.
FAQs
“The representation as being made with “real [Keebler] fudge” is false, deceptive and misleading because it lacks the ingredients essential to any fudge, let alone 'real' fudge,” Pizarro says in the class action lawsuit. Consumers have to look hard to find this information, Pizarro claims.
Is Keebler fudge real fudge? ›
“The representations that the product is 'Made With Real Keebler Fudge' and contains actual mint ingredients is false, deceptive and misleading because it does not contain these ingredients,” the complaint said, noting multiple current and historic recipes and dictionaries to support the contention that fudge is made ...
What is the Keebler controversy? ›
Despite front label images of fudge being dripped on a cookie, and the phrases “Fully Fudged–Fudge Mint,” and “Made With Real Keebler Fudge,” the cookies lack essential ingredients of real fudge, Jodi Cashman alleged in a proposed class action in the U.S. District Court for the Northern District of Illinois.
What happened to Keebler brand? ›
In March 2001, The Keebler Company was acquired by the Kellogg Company. At that time, headquarters were located in Elmhurst, Illinois. Currently, Keebler has manufacturing plants in the United States, Thailand, Indonesia, and Malaysia.
What does el stand for in el fudge? ›
The name is derived from the Keebler Elf (E.L.F.), but when they were first introduced, the "E.L." stood for "Everybody Loves". Varieties include Original and Double Stuffed (with twice the filling, introduced in May 2002) as well as fudge cookies with either fudge or peanut butter filling.
Was fudge made by mistake? ›
That appetite for fudge dates back more than a century. Food historian Joyce White says fudge is based on a recipe for chocolate caramels, which was very similar. "What probably happened is that there was someone in Baltimore, messed it up, or 'fadged' it," she said. "Fadge is a word that means you messed up.
What is real fudge made of? ›
Fudge is a dense, rich confection typically made with sugar, milk or cream, butter and chocolate or other flavorings. The base for fudge is boiled until it reaches the soft-ball stage (135 to 140 degrees F), then stirred or beaten as it cools to minimize the formation of sugar crystals.
Who bought out Keebler? ›
Ferrero will buy Kellogg's Keebler cookies, Famous Amos, Mother's, Murray's, Girl Scout cookies and fruit snacks brands for $1.3 billion.
Does Keebler own Girl Scout cookies? ›
In 2008 the licensed companies were Little Brownie Bakers (LBB), a subsidiary of Keebler, which is owned by Ferrero SpA; and ABC Bakers, a subsidiary of Interbake Foods, which is owned by George Weston Limited. In 2023, the same two companies were producing all Girl Scout cookies.
Did Keebler cookies get smaller? ›
Then, not long thereafter, the company decided to downsize a few of their cookie varieties as inconspicuously as possible. Those clever elves took out two to three cookies from each package, reducing the contents from 13.3 ounces to 11.6 ounces, but retaining the same “New Look” packaging.
The $1.3 billion deal brings Keebler and Famous Amos to the maker of Nutella and Ferrero Rocher's portfolio, while the cereal CPG giant can focus on its core business.
What happened to Keebler's wedding cookies? ›
However, these beloved treats are no longer available on the shelves. Keebler, one of the largest cookie manufacturers in the U.S., has been known for its diverse range of products. Yet, their decision to discontinue Danish Wedding Cookies has left many consumers like me disappointed and longing for their unique taste.
Can Keebler ready crust be baked? ›
Deliciously sweet and with a crispy texture, Keebler® Reduced Fat Ready To Eat Pie Crusts are ready to use and are the perfect base for bake or no-bake recipes, pies of all kinds, tarts, and more.
Does the Keebler elf have a name? ›
These charming “cookie makers” began their diligent work in the bakery located in the trunk of the tree and were introduced to us in 1968. It became known as “The Hollow Tree Factory”. The head elf, Ernie Keebler is easily recognizable in his green hat and jacket, yellow tie, red vest and those floppy shoes.
Who made Vienna Fingers? ›
Keebler® Vienna Fingers| Keebler.
Is fudge a real chocolate? ›
Chocolate uses elements of the cacao bean; even in creating white chocolate, cocoa butter from the cacao bean is the main ingredient. Fudge, however, is a confection made both with and without cocoa or other chocolate elements. You can substitute vanilla or peanut butter, for example, for the chocolate.
Is hot fudge actually fudge? ›
In fact, hot fudge sauce is just a fudge that never sets! Cream or milk, sugar, and butter are slowly boiled down until slightly thickened and light caramel-colored.
Why do they call fudge fudge? ›
The exact origin and inventor of this delicious confection are hotly debated. However, many believe the first batch of fudge was created by accident when American bakers “fudged” a batch of caramels. Hence the name “fudge.”
What makes fudge taste like fudge? ›
Fudge (Chocolate and Otherwise)
Aside from these ingredients, fudge is generally comprised simply of milk, sugar, and butter as the base. To this basic recipe, one can add chocolate chips, butterscotch, peanut butter chips, white chocolate, or even espresso powder to create compelling flavor combinations.
