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Mass. Woman Has a Cow Over Jell-O's 'Deceptive' Calcium Claims

The packaging on Jell-O instant pudding mix leads shoppers to believe they are buying a product that provides a good source of calcium even though the nutrient actually comes from milk the consumer adds, a Massachusetts federal court lawsuit alleges.

Maryrose Lloyd sued Kraft Foods in the U.S. District Court for the District of Massachusetts. The Northfield, Ill.-based company owns the Jell-O brand.

The front of the product box prominently displays the term "Calci-Yum!" and the company's ads falsely claim that the product is a good source of calcium, Lloyd says.

Shoppers easily can overlook the words "as prepared" located under the calcium claim on the box because the print is much smaller, according to the complaint.

Lloyd says Kraft misleads consumers into believing that the product itself is a good source of calcium even though the only source of calcium in the finished product comes from the milk the consumer adds.

She says the reputation of Kraft and Jell-O led her to believe that she was buying a food that contained calcium and did not realize that she was buying the calcium separately.

The package's nutritional panel does not overcome Kraft's deception, Lloyd says, because consumers cannot see it while shopping.

Kraft is committing fraud, intentionally misrepresenting its product, and breaching an express and implied warranty because consumers depend on the company's advertising to deliver something they do not receive, the suit alleges.

If Kraft can use the word "calcium" on its packaging based on those standards, anything can be advertised as a good source of the nutrient so long as consumers are directed to add milk, the suit says.

Lloyd seeks to represent a class of consumers who bought Jell-O instant pudding mix. She also is seeking damages, a permanent injunction forcing Kraft to stop its allegedly deceptive advertising and an order directing the company to issue corrected advertisements.

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Patrick J. Sheehan of Whatley Drake & Kallas in Boston represents Lloyd.