Kroger has agreed to pay $1.25 million to settle a California civil enforcement action accusing the grocery giant of advertising inaccurate, significantly lower calorie counts for several of its Carbmaster bread products in stores and online, prosecutors said this week.
The settlement resolves allegations brought by the district attorneys of Ventura, Santa Barbara, and Riverside counties that Kroger violated California's False Advertising Law and Unfair Competition Law.
Prosecutors said the case centered on five Kroger-branded Carbmaster bread varieties — white, wheat, and multiseed loaves, along with hamburger and hot dog buns — sold at Ralphs, Food 4 Less, and Foods Co. locations across the state, as well as through online listings, according to ABC News.
The agreement does not include an admission of wrongdoing by Kroger but requires the company to correct its calorie representations and comply with state consumer protection laws.
Investigators found that Kroger initially miscalculated the calorie content of the Carbmaster products, then displayed those inaccurate numbers on both the federally mandated Nutrition Facts Panel and more prominent, consumer-facing portions of the packaging.
After consumers complained, the company updated the Nutrition Facts Panels to show higher, accurate calorie counts but left the lower numbers on the front labels for months, according to the district attorneys.
In at least one case, an incorrect calorie value remained on Kroger's website for about two years after the company learned it was under investigation, the Independent reported.
Prosecutors described the discrepancies as substantial. For example, Carbmaster Hamburger Buns were advertised as containing 50 calories when they actually contained 100 calories per bun.
Some Carbmaster white and wheat breads were promoted as having 30 calories per slice on the front of the package, while the correct value was 50 calories per serving, the filings state.
Under the judgment, the $1.25 million payment will cover civil penalties, investigative costs, and funding for future consumer protection efforts, according to the Ventura and Santa Barbara County District Attorney's Offices.
Kroger has also agreed to maintain accurate calorie information on its packaging and online listings for Carbmaster and similar products sold in California, as per NBC Palm Springs.
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