A Poughkeepsie woman who bought Flipz white fudge covered pretzels found herself infuriated rather than indulged when she realized that the fat content did not meet her expectations.
Jessicca Spurck sued Stamford-based DeMet’s Candy Co. on June 23 in U.S. District Court, White Plains, seeking unspecified damages for herself and fudgeaholics throughout New York who want more milk fat from their fudge.
DeMet’s representation of its white fudge covered pretzels “is false, deceptive and misleading,” the class action complaint states, “because it lacks the type and amounts of ingredients consumers expect in fudge.”
DeMet’s, whose Flipz brand is the market leader for covered pretzels, did not respond to an email asking for its side of the story.
The fudge that aficionados crave is all about the milk fat, according to the complaint, citing reference books and recipes as far back as 1893.
Small droplets of fat dispersed throughout a candy gives it a smooth texture. Too much makes it feel greasy.
The fat can come from dairy products and vegetable oils.
Milk fat melts at mouth temperature and imparts a rich, creamy taste, the lawsuit states.
Vegetable oils, such as palm oil, do not melt as readily and leave a waxy feeling in the mouth.
The fat in Flipz white fudge covered pretzels is not balanced between vegetable and dairy ingredients, Spurck claims. The primary fats are palm kernel oil and hydrogenated palm oil.
“The resulting ‘fudge’ provides less satiety, according to the complaint, “has a waxy and oily mouthfeel, and leaves an aftertaste.”
Had Spurck and other buyers known the truth, they would not have bought the candy or would have paid less, the complaint states, and if the pretzels are made right, she will buy them again.
Spurck accuses DeMet’s of fraud, unjust enrichment, violating the New York consumer protection law, negligent misrepresentation and breaches of express warranty.
She is represented by Nassau County attorneys Spencer Sheehan and Abraham Kleinman.
Sheehan filed a similar class action complaint a year ago against Froneri US Inc., for allegedly using misleading labeling for Haagen-Dazs Vanilla Milk Chocolate Ice Cream Bars. He voluntarily dismissed the action this past April.
