Kroger Chips Away at Consumer Lawsuit Over ‘Smoked’ Gouda Claims

Kroger Co. lost its bid to end consumer litigation over an artificially flavored Gouda cheese brand it labels “smoked,” but a federal judge in Milwaukee narrowed the proposed class action, throwing out claims for fraud, breach of warranty, and unjust enrichment.

Chief Judge Pamela Pepper let the case move forward Monday in the US District Court for the Eastern District of Wisconsin with one count under the state’s Unfair Trade Practices Act. “Smoked” can refer to either a flavor or a process, and it’s plausible some consumers were misled, she found.

Portions of the label describing a “distinctive, smoky flavor” ...