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Oreo double stuf lawsuit6/13/2023 ![]() ![]() ![]() Fudge Sandwich cookies eaten in the U.S.Earlier this week a mini food scandal erupted under the following headline: "Double Stuf Oreos Don't Actually Have Double The Creme." Packages of Keebler Fudge Stripes cookies eaten in the U.S. If this reminded you of yet another instance of life riffing on The Onion or Ron Swanson, you're not alone. The scandalous headline, courtesy The Huffington Post, is the result of the efforts of Dan Anderson, a high school math teacher in upstate New York who had his students weigh three types of Oreo cookies and report their findings. The students determined that the creme in the Double Stuf Oreos they tested weighed less than twice as much as the creme in regular Oreos they tested. In a particularly slow news week in the slowest news month, ABC News and other outlets came calling. Even the gossip website TMZ got in on the action. The story does indeed make for some light summer reading. But it piques my interest because, as a food lawyer who's very often not a fan of lawsuits targeting food companies, I fear the next step might be litigation. ![]() To Anderson's credit, he appears to be little more than surprised by the findings. But Anderson is not a class action attorney. The prospects of an Oreo lawsuit might have appeared slim were it not for a series of lawsuits that were launched just this year against the sandwich chain Subway. The plaintiffs allege, in fact, that Subway subs "are anywhere between 5 and 8.3 percent short." In those cases, now consolidated in federal court, several plaintiffs sued Subway over claims the chain's "footlong" sub is not a full 12 inches long. That may seem like hairsplitting-especially given the fact that dictionaries define the word "footlong" not as "exactly 12.00 inches" but, rather, as "approximately one foot in length."īut consider that Anderson's students determined that the filling in a Double Stuf Oreo weighs only 1.86 times more than does the filling in a regular Oreo. That means the creme in a Double Stuf Oreo is 7 percent lighter than two times the creme in a regular Oreo. ![]()
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