Trader Joe's Faces Class Action Lawsuit Over Misleading Gluten-Free Bagel Labels

Celiac.com 07/02/2024 - Trader Joe's Co. is being sued for allegedly mislabeling its "Almost Everything Gluten-Free Bagels" as "gluten-free," after a recent study conducted by Moms Across America found that a batch of the bagels (KLR1 24030031) may contain significant levels of gluten. This consumer class action was recently filed by Plaintiff Shaianne Starks in the Central District of California under docket number 2:24-cv-05543, Shaianne Starks v. Trader Joe’s Company.

According to the complaint filed on June 28, testing conducted by Moms Across America, a nonprofit organization focused on raising awareness about toxins in food, revealed that the bagels contain 269.8 parts per million (ppm) of gluten. The US Food and Drug Administration (FDA) stipulates that products labeled as gluten-free must contain less than 20 ppm of gluten. 

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According to Dr. John Fagan, Chief Scientist at Health Research Institute, their lab used the AgraQuant Gluten G12 test: "We tested, first, the undiluted extract in duplicate. Those tests exceeded the calibration curve. We then made two dilutions of the extract and tested those in duplicate. Duplicates matched in both cases and the two dilutions were quantitatively consistent. That was the value that we reported."

Celiac.com Reaches Out to Trader Joe's

Celiac.com also reached out to Trader Joe's regarding the high gluten levels was found by the Moms Across America study, and we received the following responses from them:

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While we can’t speak to the specific tests they performed on any product, we can share with you that our Gluten Free Almost Everything Bagels are made in a gluten free bakery, and each “lot” of bagels is tested to ensure that it meets our gluten free standard. Our standard is aligned with GFCO at less than 10 ppm, which is more stringent than the FDA standard of 20 ppm.

If you can share the lot code on the Trader Joe’s Gluten Free Almost Everything Bagels that were tested, we can contact our supplier to verify the test results for that specific lot. Again, every lot is tested, and the product will only be sold at Trader Joe’s if those tests verify that it meets our standards.

We approach product quality and integrity seriously. When there is an issue, we take action quickly, aggressively investigating potential problems if there is any doubt about its safety or quality.

Thank you,
Nakia Rohde
Public Relations Manager

After obtaining and sending them the lot number (KLR1 24030031), we received this response from Trader Joe's:

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Thanks for sharing the lot code information. We have confirmed the code with our supplier – connecting it to a specific production batch.  The results of testing on this lot/batch of Trader Joe’s Gluten Free Almost Everything Bagels are in compliance with the FDA requirements for "gluten-free" labeling and meet the GFCO standard (which is also Trader Joe’s standard) – below 10ppm.

Best,
Tara

Tara J Miller
Vice President, Marketing

How Could Both Trader Joe's and Moms Across America's Lab Tests be Correct?

The conflicting test results from Moms Across America and Trader Joe’s may both be accurate due to the presence of gluten "hot spots" within a single batch of bagels. These hot spots can occur when gluten is unevenly distributed in the manufacturing process, leading to some parts of a batch containing significantly higher levels of gluten than others. This inconsistency can result in different gluten levels being detected depending on which part of the batch is tested. Therefore, while Trader Joe’s regular testing might show gluten levels within acceptable limits, Moms Across America's tests could have encountered a hot spot, revealing higher concentrations of gluten. Understanding this potential issue highlights the importance of comprehensive and varied sampling methods to ensure the accuracy of gluten-free labeling, thereby protecting consumers who rely on such products for their health.

A Voluntary Recall is Recommended by Celiac.com

Whether or not Trader Joe's found any gluten in the samples they tested from this batch, we at Celiac.com still believe that it would be prudent to initiate a voluntary recall with the FDA in the hope that some people with celiac disease will not inadvertently ingest such high levels of gluten. An FDA voluntary recall for Trader Joe's Everything Gluten-Free Bagels would involve the company notifying the FDA of the issue and then working to remove the affected products from shelves and supply chains. This process includes identifying and communicating with customers who may have purchased the product, offering refunds or replacements, and publicly announcing the recall through various channels. Trader Joe's would also need to investigate the cause of the gluten contamination, take corrective actions to prevent future occurrences, and provide regular updates to the FDA on the recall's progress and resolution.

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Read more at: bloomberglaw.com

Edited on 07/05/2024 - Added Plaintiff Shaianne Starks.