Krispy Kreme’s Chocolate Iced Raspberry Filled doughnut (pictured above) does not contain actual raspberries. Maple Ice Glazed and Maple Bar doughnuts do not contain maple syrup or maple sugar. Glazed blueberry cake doughnut does not contain blueberries but contains ‘imitation blueberries’ that ‘highly resemble actual blueberries due to their round shape and blue color.
Plaintiff alleges that if customers had known the doughnuts didn’t contain any real fruit or maple they wouldn’t have bought them, or at least wouldn’t have paid as much.
Krispy Kreme moves to dismiss, in part on Iqbal plausibility grounds.
CD Cal, noting that the Iqbal implausibility fact pattern is unusual, denies the Motion to dismiss:
Kreme fails to explain why this is one of those rare situations. It is plausible that Plaintiff will be able to show that reasonable consumers believe that “Raspberry-Filled” doughnuts are filled with raspberries, “Maple Iced Glazed” and “Maple Bar” doughnuts contain maple syrup or maple sugar, and “Glazed Blueberry Cake” doughnuts contain actual blueberries.2 Cf. id. (a factual question existed as to whether a reasonable consumer would believe that a product called “fruit juice snack,” and sold in packaging featuring pictures of fruits, contained fruit juice); Henderson v. Gruma Corp., 2011 U.S. Dist. LEXIS 41077, *33 (C.D. Cal. Apr. 11, 2011) (reasonable consumer could believe that product marketed as “Guacamole Flavored Dip” contained avocado).