A lawsuit by Riverside and two other counties against grocery giant Kroger over inaccurate calorie listings on products was settled out of court for $1.25 million, officials said Monday.
The settlement ends litigation that started in 2021 after Kroger stores Ralphs, Food4Less and Foods Co. were discovered offering Carbmaster Bread products that did displayed incorrect calorie numbers lower than what the food actually contains, according to the Riverside County District Attorney’s Office. The five Kroger-branded bread varieties were white, wheat, multiseed and hamburger and hotdog buns.
The DA’s offices in Santa Barbara and Ventura counties joined the civil suit, which ended with final disposition in Santa Barbara County Superior Court.
“Consumers rely on calorie information to make informed decisions about the food they purchase and consume,” Riverside County Deputy District Attorney Evan Goldsmith said in a statement. “In this case, Kroger continued advertising calorie counts that were substantially lower than the actual values even after the errors had been identified.”
Kroger did not respond to a request for comment.
“Kroger corrected the calorie values … but continued advertising the substantially lower, incorrect calorie value on the consumer-facing portions of the packaging for at least six months,” according to the plaintiffs. “For at least one of the bread varieties, Kroger continued advertising the false calorie value online for nearly two years, even after the company was aware of the District Attorney’s Office investigation.”
Carbmaster Hamburger Buns’ packaging showed a product nutrition label indicating just 50 calories per serving, when the actual count was double that amount, according to the suit.
The $1.25 million payout from Kroger includes sanctions along with the recovery of investigative expenses. The three counties will divide the settlement evenly, according to the DA’s Office.