Poughkeepsie Woman Files Lawsuit Over ‘Fraudulent’ Fudge Pretzels
A popular snack food item has become the target of a lawsuit filed by a Hudson Valley woman who's claiming fraud.
Jessica Spurck of Poughkeepsie says she's been lied to and she's not taking it. Unlike the lawsuit filed against KFC by a Hopewell Junction woman five years ago, this one looks like it may have some actual merit. In 2016 Anna Wurtzburger from Hopewell Junction hired a lawyer after having a disappointing meal at KFC. While that lawsuit became a punchline on late-night TV shows, this one takes aim at how far companies are pushing the limits when describing what their food is actually made of.
Spurck claims that Demet's Candy Company provided "false, deceptive and misleading" information on its packaging for Flipz white fudge covered pretzels. Paperwork filed with the United States District Court in the southern district of New York explains that Spruck's issue with the snack has to do with its description.
According to the lawsuit, Spurck says that Flipz has no right in calling the coating on their pretzels "white fudge" because it contains no fudge whatsoever. The plaintiff explains that fudge has a specific recipe that includes the key ingredient of milk fat, which is usually in the form of butter. Without milk fat, Spruck says it's fraudulent to call the coating fudge.
The lawsuit points to the original recipe for Vassar Fudge that was printed in 1896. The ingredients include "two cups of sugar, one cup of milk and a piece of butter one-half the size of an egg." Fudge is said to have made its start in the dorm rooms of the Poughkeepsie college. Spruck's lawsuit also lists many other recipes and definitions of fudge that all contain butter.
Flipz does not contain butter. The lawsuit maintains that the snack food substitutes vegetable oil for butter in their recipe, thus rendering the final product something that cannot legally be called fudge.
The class-action lawsuit is asking for monetary damages and demanding that Flipz changes the name of their pretzels in accordance with the law.