A California resident is demanding his cash back from Krispy Kreme. Not because the pastries lacked flavor — we don’t have any report on that — but for a different reason.
Because the fruit-labeled donuts don’t actually contain real fruit.
Plaintiff Jason Saidian filed a class-action complaint against Krispy Kreme alleging deceptive labeling for its Chocolate Iced Raspberry Filled, Glazed Raspberry Filled, Maple Iced Glazed, Maple Bar and Glazed Blueberry Cake donuts.
To Saidian’s surprise, none of those varieties actually contain raspberry, maple or blueberry.
The lawsuit highlights the Glazed Blueberry Cake donut specifically, claiming it contains “imitation blueberries that highly resemble actual blueberries due to their round shape and blue color.” Those ersatz berries — dubbed “blueberry gumbits” in the filing — are composed of corn syrup and blue food coloring.
By contrast, the complaint acknowledges that Krispy Kreme’s other filled varieties do include the ingredients named, such as Glazed Strawberry Filled, Cinnamon Apple Filled and Lemon Filled.
This Class-Action Suit Is Odd, But Legitimate
The core issue is straightforward: consumers don’t want to be deceived, particularly when they’re paying for something.
Saidian’s lawsuit contends he would not have bought those donuts, or would have paid less, if he had known they lacked the purported “premium” components.
The filing also states, “Mr. Saidian is likely to purchase the Products in the future if they each were reformulated to include their Premium Ingredients.”
That’s essentially legal speak for, “I want a refund, but I’m not looking to be barred from buying Krispy Kreme forever.” If he succeeds and Krispy Kreme agrees to a settlement, many other customers could learn they were shortchanged as well.
And this case isn’t the strangest consumer lawsuit we’ve encountered.
One man sued Anheuser-Busch over claims that drinking Bud Light didn’t make him more attractive to potential partners.
Another lawsuit targeted sandwich chain Jimmy John’s because a sandwich arrived without the advertised sprouts. Jimmy John’s ended up paying $725,000 in drink or side item vouchers to customers who joined that suit.
No, Krispy Kreme isn’t about to transform into a wellness café. But if a court concludes the donut company misled buyers, there could be a lot of complimentary donuts at stake.
Your Turn: Would you think about suing a brand for using artificial flavors instead of the actual ingredient?
