Lawsuit: Kroger’s Smoked Gouda Isn’t Actually Smoked

Liquid smoke flavoring is a no-go for a St. Louis County woman now seeking class action status

Nov 3, 2023 at 11:23 am

Daniel F. Harvath

Photo from lawsuit filed in federal court taking Kroger to task for its gouda labeling.

A Missouri woman has filed a lawsuit against the Kroger Company, which operates locally as Ruler Foods, over what she alleges is the mislabeling of their Smoked Gouda Cheese.

Bridget Coburn’s lawsuit alleges that the gouda being sold at Ruler and Kroger is a violation of the Missouri Merchandising Practices Act because the cheese being labeled as “Smoked Gouda” with a “Distinctive, Smoky Flavor” doesn't disclose that the flavor is partly due to liquid smoke flavoring, not an actual smoking process.

Filed by attorney Daniel Harvath of Webster Groves, the suit includes a brief history lesson into the history of smoked cheese, which purportedly dates back to ancient Rome, "when an owner of a cheese shop was forced to share space with a baker."

But unlike that Roman baker, Kroger isn't actually smoking their gouda, the suit says. But despite that liquid smoke flavoring, the suit claims that the Kroger "smoked" cheese is labeled the same as cheese smoked over hardwoods and that consumers are charged a "premium" price for the product. The suit calls this "unfair and deceptive to consumers."

Kroger has not yet responded to the suit, which was filed in federal court and is seeking class action status.

The suit joins a crowded field of food, drink and restaurant themed litigation. The year kicked off with an Illinois woman who sued Fireball whiskey claiming their product wasn't actual whiskey. In March, the company behind a boozy iced coffee drink sued the Missouri winery they hired to bottle the drink, alleging the spiked cold brews became contaminated with bacteria. All summer the swirl of litigation around Boardwalk Waffles could have been enough to sustain a boutique firm of waffle and ice cream litigators. And last month, the Mission tortilla folks sued Mission Taco Joint.