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Oreo ‘Made With Real Cocoa’ Label Challenge Tossed for Good

July 29, 2020, 2:12 PM

Oreo maker Mondelez Global LLC convinced a New York federal court to toss a proposed 12-state class suit alleging it deceptively marketed the iconic cookies as “always made with real cocoa.”

Charles Harris and others alleged the representation was misleading because the cocoa was refined through an alkalizing process that diminishes its quality and taste. Unalkalized cocoa is commercially available and has certain health benefits, they said.

But the plaintiffs don’t dispute that the challenged products are in fact made with cocoa, “which is fatal to their case,” Judge Edward R. Korman of the U.S. District Court for the Eastern ...