Kroger Settles Calorie Lawsuit
Kroger has agreed to pay $1.25 million to settle a California false advertising lawsuit that accused the nation’s largest supermarket operator of significantly understating calorie counts on several of its store brand bread products, according to California prosecutors.
The settlement resolves allegations brought by the district attorneys of Ventura and Santa Barbara counties, who claimed Kroger misrepresented calorie information on multiple Carbmaster bread products sold in California stores and online. Prosecutors argued that consumers relied on the inaccurate nutritional information when making health and dietary decisions.
What Prosecutors Alleged
The lawsuit centered on five Carbmaster bread varieties, including white, wheat, and multiseed breads, as well as hamburger and hot dog buns. Investigators alleged Kroger advertised calorie counts that were substantially lower than the products’ actual nutritional values.
According to court filings and prosecutors, some products marketed as containing 30 calories per serving actually contained about 50 calories, while Carbmaster hamburger buns advertised as 50 calories reportedly contained 100 calories. Authorities alleged the discrepancies appeared both on product packaging and online listings. The original lawsuit was filed in 2024 after California consumer protection investigators accused the company of violating the state’s False Advertising Law and Unfair Competition Law.
Settlement Terms
Under the agreement, Kroger will pay $1.25 million in civil penalties, investigative costs, and related fees. The company must also maintain compliance measures designed to ensure the accuracy of future nutritional advertising and product labeling.
Prosecutors said the company eventually corrected information within FDA required Nutrition Facts panels but continued displaying lower calorie figures on some consumer-facing packaging and online listings after becoming aware of the discrepancies. Investigators alleged at least one online listing contained inaccurate calorie information for approximately two years after the issue was identified.
Why the Case Matters
The lawsuit highlights growing scrutiny of food labeling and nutritional claims as consumers increasingly rely on calorie information to manage weight, diabetes, heart disease, and other health concerns. California officials argued that inaccurate calorie counts can influence purchasing decisions and undermine consumer trust in food labeling. While Kroger did not admit wrongdoing as part of the settlement, the agreement closes a legal battle that has drawn attention to the importance of accurate nutritional disclosures in the grocery industry.
