A federal judge in Illinois has dismissed a lawsuit accusing Mondelez International Inc of misleading consumers into believing that Trident “Original Flavor” gum contained real mint.
US District Judge Iain Johnston said it was “reasonable” to believe that reasonable consumers would expect the gum to contain mint or peppermint because its packaging had an “unnatural blue” leaves with condensation bubbles.
He said the proposed class action by Sycamore, Illinois resident Kristen Lesorgen is “very similar” to a lawsuit against Walmart Inc, in which an Illinois judge in February dismissed claims about Great Retailer’s Value Fudge Mint Cookies.
“Mondelez’s marking is not deceptive, misleading, or false as a matter of law,” Johnston wrote.
“For the most part, the Trident ‘Original Flavor’ package indicates that its flavor is mint, not that its ingredients include mint or peppermint,” he added. “The packaging doesn’t even use the word ‘mint.’ Also, mint leaves in a garden are green.
The lawsuit covers consumers in Illinois and eight other US states, and accuses Chicago-based Mondelez of violating various consumer protection laws.
Johnston dismissed the case with prejudice, meaning it cannot be brought up again. The judge works in Rockford, Illinois.
Attorneys for Lesorgen did not immediately respond to requests for comment. Mondelez and its lawyers did not immediately respond to similar requests.
The case is Lesorgen v Mondelez International LLC, US District Court, Northern District of Illinois, No. 22-50375.
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Illinois cases
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