Kroger Company agrees to $1.25 million settlement over inaccurate data on Carbmaster breads and buns

SANTA BARBARA COUNTY, Calif. (KEYT) – The Kroger Company has agreed to a $1.25 million settlement to resolve allegations of posting inaccurate calorie counts on packaging and online displays for five types of Carbmaster Breads.

The grocery company began selling Kroger-branded, Carbmaster Bread varieties in 2021 and the calorie content information for five specific varieties: White, Wheat, and Mulitseed Breads as well as Hamburger and Hotdog Buns, had inaccurate information on both the nutritional facts and front of the packaging as well as online displays explained the Santa Barbara County District Attorney's Office.

These products were sold online and at hundreds of Kroger-owned Ralphs, Food4Less, and Foods Co. stores across California noted the local prosecutor's office.

Consumers complained about the inaccurate calorie information and Kroger corrected the calorie information on the FDA (U.S. Food and Drug Administration) Nutrition Panel, but continued to use the substantially lower calorie values on consumer-facing portions of the bread's packaging for at least six months detailed the Santa Barbara County District Attorney's Office.

For example, Kroger's Carbmaster Hamburger Buns were advertised as containing 50 calories when they actually contained 100 calories and the White and Wheat varieties advertised that they contained 30 calories when the actual calorie count was 50 calories shared the Santa Barbara County District Attorney's Office.

Kroger also continued to advertise the inaccurate calorie value for at least one of the varieties for almost two years, even while the company was aware of the District Attorney's Office investigation shared the local prosecutor's office.

According to the Santa Barbara County District Attorney's Office, "Kroger's and its counsel's handling of the matter contributed to delays and complications in the investigation, litigation, and resolution of the case."

During litigation over the alleged violations of California's False Advertising and Unfair Competition laws, the federal court imposed a $9,800 sanction stating that the grocery company relied on arguments that were "clearly foreclosed by Ninth Circuit precedent" and Santa Barbara County Superior Court Judge Thomas Anderle sanctioned Kroger $12,750 for failing to follow court orders regarding discovery shared the Santa Barbara County District Attorney's Office.

The company has a history of being sanctioned by courts for failing to follow court orders added the local prosecutor's office before citing the 2020 case Hawkins v. The Kroger Co. in Monday's press release.

"Food labeling laws protect consumers and help them make healthy food choices," District Attorney Savrnoch explained. "Kroger marketed Carbmaster Bread Products to consumers on specialty diets while significantly misrepresenting the nutritional information of those products. As one of the largest food manufacturers and retailers in the United States, Kroger had a responsibility to ensure its representations about nutritional information were accurate, and it failed. California consumers deserve better."