CAMDEN — A group of New Jersey consumers has gone to court to prove that some supermarkets are making half-baked claims that their bread is made from scratch in their own stores.
Lawsuits filed against Wegmans and Whole Foods on behalf of shoppers from Burlington and Camden counties accuse the supermarket chains of misleading consumers with in-store advertisements boasting breads that are "Store Baked" or "Made in House."
“These individuals like to know what they’re buying,” said Aneliya Angelova, the attorney representing three bread buyers. “They shouldn’t mislead people that the baking is done on the premises.”
The lawsuits were originally filed in Camden County Superior Court last month. This week, attorneys for Whole Food and Wegmans asked a judge to move the litigation into federal court because they say the case involves litigants from different states. Whole Foods is based in Austin, Texas, and Wegmans in Rochester, N.Y.
Angelova is seeking to have the two lawsuits certified as class-actions so that any judgment would benefit consumers who have purchased their bread at Wegmans and Whole Foods stores in New Jersey since 2008.
Attorneys representing both food chains could not immediately be reached for comment.
The Whole Foods lawsuit accuses the supermarket of engaging in “deceptive, false, misleading, fraudulent and unconscionable commercial practices in their sale and marketing of bread and bakery products sold in its stores.”
The lawsuit also challenges claims that Whole Foods makes its own bagels, croissants, cookies, cakes, pies, muffins and rolls.
It claims the items are either pre-baked elsewhere, frozen and reheated, or half-baked prior to sale.
“It was defendant’s intent to mislead consumers they are buying bread and bakery products that were ‘made in-house’ from scratch when defendant sold bread and bakery products that were frozen, delivered to its stores, and then re-baked or partially baked in store,” the lawsuit against Whole Foods claims.
The Wegmans lawsuit says the company misleads the public with signs that advertise "Store Baked Rolls."
"It was defendant's intent to induce consumers to purchase its bread and bakery products by falsely stating they are baked in stores," the lawsuit says.
Angelova said her clients – Martchela Popova Mladenov, Mladen Mladenov and Chan Mao – are health-conscious consumers willing to pay extra for store-baked bread and bakery products.
“This is about our health,” she said.
Both lawsuits accuse the supermarkets of violating the New Jersey Consumer Fraud Act by making false or misleading claims.
Thomas Zambito may be reached at tzambito@njadvancemedia.com. Follow him on Twitter @TomZambito. Find NJ.com on Facebook.