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Lawsuit Claims Dunkin' Donuts Blueberry Products Don't Actually Contain Blueberries

Delish, August 9, 2017

By: Madison Flager

When you order a donut, you're probably not buying it because you think it's healthy. However, "fruit-flavored" donuts could be thought of as a better choice (I guess), and customers have not been happy to find out otherwise.

Last fall, Krispy Kreme found itself in hot water when a customer filed a lawsuit against the company for not using real blueberries or maple syrup in their donuts, accusing them of false advertising.

The suit was voluntarily dismissed this April, but now, a different customer is accusing Dunkin' Donuts of the same problem. A lawsuit filed in July by a Chicago customer asserts Dunkin' Donuts violated Illinois' Fraud and Deceptive Business Practices Act by misrepresenting the blueberries in some of its bakery products.

The store's Blueberry Butternut Cake, Blueberry Cake Donut, and Blueberry Crumb Cake donuts do not contain actual blueberries, but rather flavored crystals made of sugar, corn syrup, and Blue 1; its blueberry muffins, however, do contain real blueberries.

Because of this, the suit asserts Dunkin' Donuts is capable of using the actual fruit and that they falsely depicted the donuts to make customers think they contained real fruit.

According to the lawsuit, "Due to their blue color and round shape, the 'flavor crystals' and 'blueberry flavored bits' are inserted strategically on the inside and outside of the Blueberry Products to induce unsuspecting consumers into believing that the products contain actual blueberries."

The lawsuit are noted that these donuts are advertised next to actual blueberries, and labeled with "blueberry" in the store. Had the customer known there were no real blueberries in the donuts, the suit says, he "would have paid significantly less for the Products," the lawsuit contends. According to the receipt attached to the class action complaint, he paid 99 cents for the donut.

"Plaintiff therefore suffered injury in fact and lost money as a result of Defendant's misleading, false, unfair, and fraudulent practices," the lawsuit reads.

The suit is seeking $5 million in damages, restitution, and court fees. Over a $1 donut.