When describing baked goods on custom made labels, a producer needs to make sure the consumer understands how a certain item was prepared, to eliminate any confusion that could lead to upset or even legal action. Quality statements should be prominently displayed and non-ambiguous.
If this sounds far-fetched, consider the proposed class action lawsuits in New Jersey targeting three major grocery chains over misleading bakery claims. According to the Courier-Post of Cherry Hill, thousands of shoppers in the state are arguing that these stores imported pre-made baked goods but claimed that they were prepared on the premises.
Although the three chains, Wegmans, Acme and Whole Foods, deny the claims, they may be liable for millions of dollars in damages to the plaintiffs. The action specifically centers around bread sold at these stores, which the chains labeled as being “store baked.” Legal action is being pursued specifically under the state’s Consumer Fraud Act because the shoppers believe the foods were actually prepared somewhere else.
NJ Advance Media features some comments from the text of the lawsuit, illustrating the consumer’s side of this case.
“It was defendant’s intent to mislead consumers they are buying bread and bakery products that were ‘made in-house’ from scratch when defendant sold bread and bakery products that were frozen, delivered to its stores, and then re-baked or partially baked in store,” it reads.
While it’s possible that there is a legal technicality that allows the stores to claim the foods were baked there, bakeries need to be firm in communicating this information up-front. With custom printed food labels, the wording can be chosen delicately for each location, and the packaging arranged so there is little doubt that the target audience received and understood the message.
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