Back to Nature Foods Flour Deception Suit Revived by 2nd Cir.

A proposed class action alleging Back to Nature Foods Co. misled consumers into believing whole wheat flour was the primary ingredient in its Stoneground Wheat Crackers was reinstated by a federal appeals court Friday.

The US Court of Appeals for the Second Circuit said the suit sufficiently pleaded that a front-label statement proclaiming “Organic Whole Wheat Flour” could mislead customers into thinking that was the primary ingredient.

The court compared the consumer’s allegations to those in Mantikas v. Kellogg Co., where a consumer said the words “whole grain” and “made with whole grain” on the front of certain Cheez-It ...