ILLINOIS – The purity of blueberries is serving as the keystone to a new lawsuit filed against Dunkin’ Brands. A complaint filed in federal court alleges that Dunkin’ Donuts has named and marketed its blueberry-named bakery products as if they contain real berries, and not imitation berries.
The lawsuit alleges that the chain’s products contain imitation blueberries instead of true berries “that highly resemble actual blueberries due to their round shape and color,” according to USA Today. Furthermore, the suit states that if the plaintiff, Bartosz Grabowski, had known the products didn’t contain the real blues, he would either not have purchased them or paid significantly less for the goods.
Grabowski’s attorneys have filed the lawsuit as seeking class action status, and $5 million to remedy the situation.
Dunkin’ Donuts lists blueberries as an ingredient in its blueberry muffins, but not in its assortment of blueberry doughnuts. The doughnuts, rather, use a mix of non-fruit ingredients to simulate blueberries, which the lawsuit alleges is meant to deceive consumers.
“Through its manufacturing, marketing, and sale of the Blueberry Products, Defendant [Dunkin' Donuts] has represented that the Blueberry Products contain actual blueberries,” the suit states. “Defendant has named the Blueberry Products as 'Blueberry Butternut,' 'Blueberry Crumb Cake,' and 'Glazed Blueberry,' indicating that the Blueberry Products contain actual blueberries.”
A key component of the complaint, the lawsuit also asserts that consumers would be willing to pay more for goods containing blueberries due to their health benefits. The goods that do not contain actual blueberries are also placed alongside other products that do contain the blueberries they are named after, the suit states.
Ultimately, US Today states, the suit aims to define whether it is okay for the company to call and market a product “blueberry” when it contains no actual fruit. If the lawsuit holds its ground in court, the chain may have to change its marketing for these products but historically, US Today states, it is unlikely the plaintiffs will receive a large payout due to the juxtaposition between the health benefits consumers look to in blueberries versus that of doughnuts.
The complaint was filed in the United States District Court in the Northern District of Illinois Eastern Division.
Will blueberries true nature be revealed in court? AndNowUKnow will report.
