Most Kroger Bread Crumb Trans Fat Deception Claims Advance

Kroger Co. must continue to defend most claims in a certified class suit alleging it deceptively marketed bread crumbs as having “0g Trans Fat Per Serving” even though they were made with partially hydrogenated oil, a type of trans fat, a California federal court said.

Shavonda Hawkins, representing California consumers, asserted claims based on Kroger’s use of PHO, as well as labeling claims based on the “0g Trans Fat” representations.

She may pursue claims alleging use of PHO was an “unfair” practice under the state’s consumer protection laws that prohibit unfair, unlawful, or fraudulent conduct, the U.S. District Court for ...