Judge dismisses lawsuit against Walmart over ingredients in store's fudge mint cookies

Walmart prevailed in federal court this week when a judge dismissed a lawsuit claiming damages over ingredients in the company's fudge mint cookies. 

U.S. District Judge Mary Rowland said on Tuesday that the company had not deceived consumers when advertising its "Fudge Mint" cookies as such, even though the fudge is milkfat and the mint flavoring contains no real mint. 

The suit had been brought last year by consumer Eugene DeMaso of La Salle, Ill. 

Rowland in her decision argued that the retailer's cookie advertising merely promised a mint flavor, not real mint. 

Furthermore, Rowland said there is no clear precedent in U.S. case law indicating that consumers can expect a product advertised as "fudge" to contain milkfat. 

"We are pleased with the court's ruling and will continue to defend the company against these allegations," Walmart told media after the ruling.