Faegre Drinker Wins Dismissal of Class Action Challenging Labeling of Graham Crackers

The United States District Court for the Central District of Illinois dismissed a putative class action against our client, a nationwide retailer. The plaintiff, a consumer, alleged that our client’s graham crackers were misleadingly labeled because they “do not use whole wheat flour, or graham flour, as the main ingredient in the cracker” and “do not use honey as its main sweetening ingredient.” The court rejected plaintiff’s claim that the use of the word “graham” was misleading because “[a] product that is a flat, sweet, rectangular cracker that is perforated, crunchy and dark colored, often used in desserts like s’mores, is often sold under the common or usual name: ‘Graham Crackers.’” Similarly, the court rejected the claim that the use of the word “honey” on the product was misleading because “a reasonable consumer could understand that the word honey on the label is a flavor designator, rather than an ingredient claim,” and a “consumer could read the ingredient list” if in fact “they were so concerned with the amount of graham flour or honey in the product.” Finally, “[o]ut of an abundance of caution,” the court gave plaintiff an opportunity to file an amended complaint, but plaintiff instead dismissed her case.