Consumer alleges Hodgson Mill falsely labeled pancake mix as 'all natural'

By The Madison County Record | Mar 3, 2016

BELLEVILLE – A St. Clair County consumer is suing a baking company, alleging false claims made on the packaging of a pancake mix.

Shannah Burton, individually and on behalf of all others similarly situated in Illinois, filed the lawsuit Feb. 12 in St. Clair County Circuit Court against Hodgson Mill Inc., alleging violation of the Illinois Consumer Fraud Act and the Deceptive Business Practices Act.  

The complaint says Hodgson Mill's labeling of its buckwheat pancake mix is not only deceptive and unfair, but is also a fraudulent sales and advertising practice. According to the lawsuit, the “all natural” mix actually contains monocalcium phosphate, a synthetic leavening agent.

The proposed class of other similarly situated people consists of all Illinois consumers who purchased the mix in the five years preceding the filing of the complaint.

The plaintiff is also suing for unfair enrichment for allegedly selling a product that was not as labeled.

As a result, the lawsuit says, restitution for such economic enrichment on the part of the defendant is required.

Burton seeks compensatory damages or restitution, pre- and post-judgment interest, attorney fees and court costs, and other relief the court deems just and proper. She is represented by attorneys Matthew H. Armstrong of the Armstrong Law Firm LLC in St. Louis, and David C. Nelson of Nelson & Nelson, Attorneys at Law PC in Belleville.


St. Clair County Circuit Court case number 16-L-88

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