Source - Food & Beverage Litigation Update | Issue 700

Lawsuit Challenges Nutritional Benefits of Sprouted Grains

A plaintiff has alleged that Food for Life Baking Co. Inc. misled consumers by advertising its cereal product, Ezekiel 4:9, as nutritionally superior to comparable cereal products because it is made with sprouted grains. Elliott v. Food for Life Baking Co. Inc., No. 19-0249 (E.D.N.Y., filed January 13, 2019). The complaint asserts that Ezekiel 4:9’s labeling makes nutrient claims comparing its sprouted grains to non-sprouted grains without including “any reference food upon which the relative claims are based, which is misleading because there is no way to accurately evaluate the statements regarding the higher nutritional values of sprouted grains compared to non-sprouted grains.” In addition, the complaint contests Ezekiel 4:9’s assertion that the grains are a “living food” because “by the time the sprouted grain is dried, grounded into flour and heated, any nutritional benefits which may have existed have been extinguished.”

For allegations of fraud, negligent misrepresentation, unjust enrichment, breach of warranties and a violation of New York consumer-protection law, the plaintiff seeks class certification, injunctive relief, attorney’s fees and damages.

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