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A federal judge in Chicago has dismissed a proposed class action lawsuit accusing Walmart Inc of deceiving shoppers by selling Fudge Mint cookies that lacked fudge and mint.
Eugene DeMaso, of La Salle, Illinois, said packaging for the cookies sold under Walmart’s Great Value label misled reasonable consumers because the cookies’ “fudge” contained no milkfat and its “mint” contained no mint ingredients.
In a decision on Tuesday, U.S. District Judge Mary Rowland said no cases showed that consumers expect “fudge” to contain milkfat, and DeMaso undercut his argument by asserting that fudge could contain vegetable oils, as Walmart’s cookies did.
Rowland also agreed with Walmart that “mint” promised a flavor, not actual mint.
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