According to a recent story in Fortune, a Los Angeles man named Jason Saidian has filed suit against the Krispy Kreme Doughnut Company in U.S. District Court for the Central District of California. Saidian is claiming that the firm is engaged in false advertising false advertising concerning some of the ingredients in its doughnuts and is asking for class-action status for his suit and $5 million.

At issue is the advertising Krispy Kreme conducts for some of its doughnuts, specifically the “Glazed Raspberry Filled,” “Maple Bar,” and “Glazed Blueberry Cake” varieties. Saidian asserts that these doughnuts do not actually contain raspberry, maple, or blueberry but rather artificial ingredients that mimic the taste of these natural substances. Hence, the false advertising charge. He further asserts that KrispyKreme has used real fruit in its glazed lemon-filled and glazed strawberry-filled doughnuts, compounding the confusion.

Saidian also suggests that he and other customers have been cheated of the health benefits that real raspberries and blueberries impart, especially against heart disease and cancer. The idea that doughnuts in any form could be healthy is a bold one to make, considering the starch and sugar the confection contains.

The plaintiff claims that had he or any other customer known that these varieties of doughnuts did not contain real fruit, they would have been less likely to buy them or, at the very least, they would have sold at a lower price. Krispy Kreme, in accordance with its policy concerning ongoing litigation, is refusing to comment at this time.

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