Kroger Falsely Advertised Calorie Counts On Breads Sold In California: DA

RIVERSIDE, CA — Riverside County District Attorney Michael A. Hestrin announced Monday that The Kroger Company will pay $1.25 million to resolve a lawsuit alleging the company falsely advertised the calorie content of several Kroger-branded bread products sold across California.

The violations stem from inaccurate calorie advertisements that Kroger included on physical packaging and online for five of its Carbmaster Bread varieties — white, wheat, and multi-seed, and hamburger and hotdog buns.

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The products were sold online and at hundreds of Kroger-owned Ralphs, Food4Less, and Foods Co. stores across California, according to Hestrin's office.

The Carbmaster bread products were introduced in 2021. Kroger advertised calorie counts for the items on packaging and online that were substantially lower than the products' actual content, according to Hestrin's office.

Consumers complained, and Kroger corrected the values on the FDA nutrition panel, but continued advertising the substantially lower, incorrect calories on packaging for at least six months, Hestrin's office alleged.

Additionally, 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 multi-pronged investigation.

The inaccuracies were significant, according to Hestrin's office. Kroger advertised its Carbmaster Hamburger Buns as containing 50 calories when the actual calorie content was 100. Its white and wheat bread varieties were advertised as containing 30 calories per serving when the correct value was 50 calories.

“Consumers rely on calorie information to make informed decisions about the food they purchase and consume,” said Riverside County Deputy District Attorney Evan Goldsmith. “In this case, Kroger continued advertising calorie counts that were substantially lower than the actual values even after the errors had been identified.”

Kroger and its legal team contributed to delays and complications in the investigation, litigation, and resolution of the case, according to Hestrin's office.

During the litigation, courts sanctioned Kroger for discovery-related and legal conduct issues. A federal court imposed a $9,800 sanction, while the Santa Barbara County Superior Court imposed a $12,750 sanction for failing to comply with court orders, Hestrin's office reported.

The $1,250,000 payment, split evenly among the three counties that brought the case (Riverside, Santa Barbara, and Ventura), included $1,002,000 in civil penalties, $150,000 in investigative costs, and $98,000 to support statewide consumer protection efforts.