Sydney Organisers Of Viral Cookie Pop-Up Could Face Legal Action

The organisers of a pop-up cookie stall associated with a viral American cookie company, which has been revealed as a scam, are now facing potential legal action. 

Authorities are investigating the scam ‘Crumbl’ pop-up cookie stall after several Sydneysiders took to social media to express their frustration at the faux-sweet treats.

On Sunday, Sydney fans of the American dessert brand hosted a pop-up stall, selling hundreds of cookies imported from the US at a hefty price of $17.50 each. Fans of Crumbl eagerly lined up to wait for the renowned desserts, with some waiting more than an hour to get their hands on the cookies.

However, many left disappointed, feeling the cookies did not meet their expectations.

Who are Crumbl Cookies?

Crumbl Cookies is a franchise chain of bakeries in the United States and Canada that is known for their cookies. Established in 2017, the popular dessert brand now boasts 862 locations and features a weekly rotating menu with six different cookies. According to their website, Crumbl sells over 1 million cookies each day and employs more than 29,000 people globally.

Legality of Crumbl Cookies pop-up brought into question

Individuals questioned the legality of selling another company’s products in a different country. The organisers of the Crumbl Cookies event have argued that they are within their rights to do so under “parallel import” laws.

According to the ACCC, a parallel import occurs when a business sells a product that has been brought into Australia, but does not have the specific permission of the product’s manufacturer to do so.

Consumers purchasing parallel imports retain their standard rights, and the seller is obligated to provide a repair, replacement, or refund if these rights are not upheld

Ahead of the event, a TikTok account named CrumblSydney posted promotional videos claiming that the viral desserts would be launching in Sydney for a limited time, stating, “a one-day Crumbl pop-up is coming to Sydney” and “Crumbl cookies are coming to Australia.”

The cookies were sold at a vastly inflated price, $17.50 in comparison to the approximately $7 ($US5) back in the United States.

Crumbl Sydney’s Backlash

In response to the backlash, the organisers of the Crumbl Sydney pop-up have deleted all TikTok content related to the event 

Lawyer Roxanne Hart told Yahoo Finance that the video might have been removed following a cease-and-desist order sent to the Sydney pop-up by the company.

TikTok user @sofiaqistinee said in a two-part video sharing her experience: “I was actually really sketched out because I found this through TikTok and Instagram and it wasn’t endorsed by Crumbl, but I went there anyways.”

“It was next to this gas (petrol) station and oh my god, look at the line. There were so, so many people. We arrived 30 minutes before the pop-up but there were still so many people in front of us. I think the cookies are so hyped about because there was like, a little fight in the front of the line.”

Sofia said the cookies didn’t meet her expectations, describing them as stale and “falling apart.”

“The moral of the story here – Crumbl cookie isn’t all that. Spend your $17 somewhere else,” she said. 

One user responded to Sofia’s video, saying, “$17 for one Crumbl cookie when it’s $3.99 for me is crazy.” Another user commented, “I need someone to explain and break down the psychology behind crumbl cookies success and marketing strategy and the way they blew up despite being average is impressive.”

Sawyer Hemsley, the co-founder of the original Crumbl store, responded to the turnout at the Sydney pop-up, stating that it has made him realise they need to “expedite our visit to Australia.” Hemsley noted on TikTok that the pop-up store was “in no way affiliated with Crumble Cookies.”

Sydney Crumbl Hits Back

The importers stated that they “never claimed” to be an official Crumbl store, emphasising that this was clearly outlined in their bio and comments. “Our goal was to bring the authentic Crumbl cookies to Australia by importing the cookies directly from the USA,” the Sydney organisers said. 

They also asserted that the event was not profit-driven, detailing expenses such as $4,000 on flights and luggage, $6,000 on cookies and packaging, $2,000 in duties, taxes, and customs brokerage, and over $1,000 on staffing.

Additionally, the cookie account shared their customs form online, demonstrating that they had legally declared the cookies upon import into Australia.