Mondelez International Inc (MDLZ.O) was acquitted of defrauding consumers with its Trident “Original Flavor” gum.
U.S. District Judge Iain Johnston called it “fanciful” to think reasonable consumers would expect the gum to contain mint or peppermint because of its “unnaturally blue” leaf with condensation bubbles.
He called Kristen Lesorgen’s proposed class action against Walmart Inc (WMT.N) “just like” another Illinois judge’s February dismissal of claims over Walmart’s Great Value Fudge Mint Cookies.
“Mondelez’s labeling was not deceptive, misleading, or false as a matter of law,” Johnston said.
“At most, Trident ‘Original Flavor’ packaging hints that its flavor is mint, not that its ingredients include mint or peppermint,” he noted. “The box doesn’t even say’mint.’ Garden mint is green.”
Mondelez, based in Chicago, was sued for breaking consumer protection laws in Illinois and eight other states.
Johnston dismissed the lawsuit permanently. Judges work in Rockford, Illinois.
Lesorgen’s lawyers did not reply to calls for comment. Likewise, Likewise, Mondelez and its lawyers delayed responding to similar requests.
Lesorgen v Mondelez International LLC, U.S. District Court, Northern District of Illinois, 22-50375.
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