RIVERSIDE – Riverside County District Attorney Michael A. Hestrin announced today 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 throughout California.

The violations stem from inaccurate calorie advertisements Kroger included on the physical packaging and online displays for five Kroger-branded Carbmaster Bread varieties—White, Wheat, and Multiseed Bread, and Hamburger and Hotdog Buns. These products were sold online and at hundreds of Kroger-owned Ralphs, Food4Less, and Foods Co. stores in California.

Investigators found that Kroger incorrectly calculated the calorie content of its Carbmaster bread products when they were introduced in 2021. As a result, the company advertised calorie counts that were substantially lower than the products' actual calorie content on packaging and online product listings.

Consumers complained, and Kroger corrected the value on the FDA Nutrition Panel, but continued advertising the substantially lower, incorrect calorie value on the consumer-facing portions of the packaging for at least six months. 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 District Attorney’s investigation.

The inaccuracies were significant. 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 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 counsel’s handling of the matter contributed to delays and complications in the investigation, litigation, and resolution of the case. 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. This was not the first case where Kroger was sanctioned for failing to comply with court orders.

The $1,250,000 payment, split evenly among the three counties, included $1,002,000 in civil penalties, $150,000 in investigative costs, and $98,000 to support statewide consumer protection efforts.

The case was brought by the District Attorney’s offices of Riverside, Santa Barbara, and Ventura Counties. Case 24CV03007 was handled in Riverside County by Deputy District Attorney Evan Goldsmith and Paralegal Heather White of the DA’s Consumer Protection Unit.