SAN DIEGO — Girl Scouts San Diego has amended its lawsuit against former cookie baker Ferrero U.S.A. and its subsidiary, Little Brownie Bakers, to add a claim for fraudulent concealment, according to a Tuesday, Aug. 11, release from the organization.
GSSD originally filed the lawsuit in March, seeking to recover funds it says it lost after Ferrero terminated its contract with the organization in 2024. According to GSSD, the agreement was in place through 2025 and was canceled just months before the 2025 cookie program was scheduled to begin.
The amended complaint alleges Ferrero knew since at least late 2023 that it would not perform under the agreement but did not inform GSSD. The organization said Ferrero instead led it to believe the agreement would continue, leaving GSSD without sufficient time to prepare for a transition to a new baker.
GSSD said the change forced the organization to secure a new cookie baker on a shortened timeline and resulted in consumer confusion, lost revenue for the organization, reduced earnings for Girl Scout troops, fewer cookies reaching deployed military members through Operation Thin Mint and a restructuring that eliminated 25 positions.
“The consumer confusion was immediate and widespread, which affected girls’ experiences and their relationships with customers in San Diego and Imperial counties,” Carol Dedrich, CEO of Girl Scouts San Diego, said in the release.
According to GSSD, the change in bakers resulted in a decline of more than 21,000 packages in Operation Thin Mint donations.
The organization also said the resulting revenue decline and operational disruption affected its ability to fund outdoor programs, financial assistance, after-school programs for economically challenged communities, STEM programming, cultural empowerment experiences and other leadership initiatives.
GSSD said it had worked for nearly two years to negotiate a resolution with Ferrero before filing the lawsuit.
“We amended our complaint as a matter of right to add a claim for fraudulent concealment because we believe the evidence supports it,” Dedrich said in the release.
The amended complaint seeks to hold Ferrero accountable and recover funds GSSD says it was deprived of as a result of the contract termination. The organization also said it intends to pursue punitive damages.
Girl Scouts San Diego provides year-round activities and volunteer training for nearly 24,000 girls and adults in San Diego and Imperial counties, according to the organization.