The 32-page lawsuit, filed in Los Angeles federal court last week, also contended the company is charging a premium for some of its products to capitalize on perceived health benefits of using natural fruit ingredients.
The items in question are Krispy Kreme’s Maple Iced Glazed, Glazed Raspberry Filled, Glazed Blueberry Cake and Chocolate Iced Raspberry Filed doughnuts.
“Unbeknownst to plaintiff and other consumers, the raspberry products do not contain actual raspberries, the maple products do not contain actual maple syrup or maple sugar, and the blueberry products do not contain actual blueberries,” the lawsuit said, filed by New York-based law firm Faruqui & Faqruqi LLP.
Plaintiff Jason Saidian, an LA resident, has accused the North Carolina-based doughnut company of filling the treats with imitation ingredients to “mimic the texture, shape and color of these premium ingredients”, including artificial coloring, corn syrup and sugar.
Saidian said he felt cheated as he alleged Krispy Kreme use 100% real fruit in its items like Glazed Lemon Filled and Glazed Strawberry Filled doughnuts.
He claimed that he would never have purchased the blueberry, maple or raspberry doughnuts if he knew what was in them.
Krispy Kreme, which was founded in 1937, hasn’t commented on any of the lawsuits against them. A spokesperson said the company doesn’t comment on an ongoing or pending litigation.
Fraud and violations
For allegations of fraud, misrepresentation and violations of California statutes, Saidian is seeking class certification and an injunction, as well as upwards of $5m in damages and attorney’s fees.
This isn’t the first time that Krispy Kreme is being sued by Faruqui & Faruqui.
Breach of fiduciary duty
In July this year, the law firm filed a suit on behalf of Krispy Kreme’s shareholders, alleging the potential breaches of fiduciary duties in connection with the proposed sale of the company to JAB Beech Inc. for approximately $1.35bn.
According to Faruqui & Faruqui’s website, the suit alleged several violations, including that of the Securities Exchange Act.