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Krispy Kreme is facing a nationwide class action lawsuit alleging the doughnut chain’s blueberry and maple doughnuts don’t actually contain those ingredients.

Many consumers make their food purchase decisions based ingredients, such as Maple or Blueberry, believing that the items actually contain those real ingredients. That’s what plaintiff Irina Agajanyan assumed when she bought a Glazed Blueberry Cake Doughnut and Maple Iced Glazed Doughnut from a Krispy Kreme store in California in July 2017.

Agajanyan says she read the signs next to the product displays in the Krispy Kreme store, including those for Blueberry Doughnuts which states “Glazed Blueberry Cake Doughnut” and those for Maple Doughnuts, which states “Maple Iced Glazed Doughnut”. She says she relied on Krispy Kreme’s representation that the doughnuts actually contained blueberry and maple and the fact that the doughnuts were made to look like they contained blueberry and maple.

However, Agajanyan says she was duped, as well as other consumers, because the Krispy Kreme doughnuts as issue, reportedly don’t actually contain real blueberry or maple ingredients. According to the complaint, Agajanyan became skeptical of the doughnuts’ ingredients after she ate them. She shared her suspicions to her attorney, who then launched an investigation.

Not only did Krispy Kreme use artificial flavors to mimic the flavor of real ingredients in their Glazed Blueberry Cake Doughnut” and “Maple Iced Glazed Doughnut, it also used dark colored blueberry-like bits in its Blueberry doughnuts to mimic the existence of real blueberries and a brown-colored substance in its Maple Doughnuts to mimic the existence of maple syrup or sugar, the lawsuit contends.

The Krispy Kreme Blueberry and Maple Doughnuts class action lawsuit also states that in December 2017, Agajanyan sent a letter to Krispy Kreme letting them know she purchased the doughnuts under the belief they contained real blueberry and real maple ingredients. To date, she says, Krispy Kreme has not provided any response to rebut Agajanyan’s suspicions the doughnuts do not contain real ingredients, prompting her to file this class action lawsuit.

“Krispy Kreme intentionally used the words “blueberry” and “maple” in the naming of the Class Products and marketed the Class Products as blueberry doughnuts and maple doughnuts with an intent to deceive consumers into believing that the Class Products contained Real Ingredients,” the Krispy Kreme Blueberry and Maple Doughnuts Class Action Lawsuit alleges.

This isn’t the first time Krispy Kreme has been under fire for allegedly misrepresenting its doughnuts. In 2016, a California man filed a $5 million class action lawsuit against Krispy Kreme, accusing the doughnut chain of ripping off customers who believed they were purchasing and consuming doughnuts with real blueberries, raspberries, and maple syrup. That case was voluntarily dismissed last year.

Agajanyan is seeking to represent a nationwide class of consumers who purchased a Blueberry Doughnut and/or Maple Doughnut form Krispy Kreme along with two California subclasses. Along with monetary relief, the Krispy Kreme Blueberry and Maple Doughnuts Class Action Lawsuit is asking the Court to enjoin Krispy Kreme from selling Blueberry and Maple Doughnuts.

Agajanyan is represented by Hovanes Margarian of The Margarian Law Firm.

The Krispy Kreme Blueberry and Maple Doughnuts Class Action Lawsuit is Irina Agajanyan v. Krispy Kreme Doughnut, et al., Case No. 2:18-cv-02885, in the U.S. District Court for the Central District of California.

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