Keith Kennedy filed a complaint in the US District Court for the Eastern District of New York against Mondelēz alleging violation of New York consumer-protection law, negligent misrepresentation, fraud, unjust enrichment and breach of warranties.
What is graham flour?
Although graham flour and wholewheat flour are often used interchangeably, there is a difference. Graham flour is a slightly coarser grind than wholewheat.
It was invented in the 1830s by Sylvester Graham, widely considered the forerunner of the health food movement, in the hopes of diverting people away from the less healthy refined white flour.
Graham flour is made by finely grinding the endosperm of winter wheat then mixing in the bran and germ layers to create a course, brown flour with a nutty and slightly sweet flavor.
Graham flour is also unrefined and unbleached.
According to the complaint, on its label Honey Maid crackers lists ‘unbleached enriched flour’ as its primary ingredients and graham flour as a secondary ingredient.
According to the suit, ‘the net representations of [Honey Maid] ‘grahams’ (on the label) and ‘graham crackers’ (in other media) is misleading and deceptive, creating an erroneous impression that graham flour is the predominant or exclusive flour component, as opposed to white flour.’
The plaintiff has requested a trial by jury and seeks injunctive relief, damages and attorney’s fees.
Mondelēz did not respond to BakeryandSnacks’ request for comment before going to print.
Kennedy is represented by Spencer Sheehan of Sheehan & Associates and Joshua Levin-Epstein of Levin-Epstein & Associates in New York.
Kennedy v. Mondelēz Global LLC, US District Court for the Eastern District of New York, number 1:19-cv-00302-ENV-SJB.
The case has been assigned to Judge Eric N. Vitaliano and Magistrate Judge Sanket J. Bulsara.