A federal judge in Chicago has dismissed a proposed class action lawsuit accusing Walmart of deceiving shoppers by selling Fudge Mint cookies that lacked fudge and mint. In a decision on Tuesday, U.S. District Judge Mary Rowland said no cases showed that consumers expect “fudge” to contain milkfat. The judge likened the case to lawsuits where courts found that vanilla was not a required ingredient in products such as vanilla ice cream. What mattered, she said, was that products tasted like vanilla.
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The fudge mint judgment will be precedent-setting. https://t.co/46JF1sLncP
— Jason Markusoff (@markusoff) February 8, 2023
Walmart wins lawsuit claiming its Fudge Mint cookies lack fudge and mint https://t.co/L7SXdKETf8 pic.twitter.com/8SiVygJa6Z
— Reuters (@Reuters) February 8, 2023