PLS EXPLAIN Sydneysiders in tatters over realising they spent $20 on a week-old, illegaly (likely) imported Crumbl Cookie

On Sunday, Crumbl Cookie took North Bondi by storm.

Well, at least that’s what we thought.

On September 20, the @crumblsydney TikTok account made it’s very first post. They announced that the viral American cookie chain would be finally hitting Aussie shores. The catch? You’d only be able to score the treat at their one-day-only pop-up shop in the Eastern Suburbs. It’d also set you back $17.50 per cookie.

The internet went nuts. The posts picked up traction, with Sydneysiders expressing their excitement to finally have an opportunity to try the infamous treat. Crumbl, which has become the fastest growing chain of dessert shops in America, has garnered global attraction online for their, “plump, doughy (and) intensely sweet” cookies, according to the New York Times.

So come Sunday, it was no surprise that flocks of locals headed over. People cued in lines for over 45 minutes, all eager to get their hands on the limited supply. Naturally, many also took to social media to film their review of the baked goods, brandishing the iconic pink cardboard takeaway box the brand has become synonymous with.

What most, however, didn’t realise, was that it was not Crumbl Cookie at all.

It appears the pop-up was coordinated entirely by self-described ‘fans’ of the bakery. In an official statement released overnight, the TikTok account acknowledged that the pop-up had no affiliation whatsoever with the official Crumbl Cookie brand. Nevertheless, they maintained that the products were, in fact, real Crumbl Cookies.

So how did they do it?

On first learning of this information, many assumed the pop-up had attempted to recreate the iconic Crumbl recipes. And for perishable items like baked goods, this isn’t an unreasonable assumption to make. Following this, all they would have had to do is pass-off as the US store in marketing and branding materials.

But this didn’t happen either. Instead, it has since been revealed that the organisers had flown to the States, purchased over US$3,000 worth of cookies, and had personally flown them back prior to their expiration. These were then resold onto consumers on Sunday.

In a statement released on Monday night, the pop-up’s coordinators maintained that the quality of the cookies were in perfect condition. Crumbl Cookies are reportedly edible to consume if stored in airtight containers at room temperature for three days, or up to a week if refrigerated. Supposedly, the store kept to these requirements prior to their sale on Sunday.

How did Sydney respond?

Rightfully so, people felt lied to. Regardless of whether the items were safe to consume or not, many customers were reasonably outraged at the blatant attempt to pass-off the product. Insult to injury was only further added when people realised that they had spent nearly $20 on a single, week-old cookie. For context, a box of four in the US will set you back roughly $21.

Understandably, it also raised legal concerns as to whether companies are actually allowed to do this in the first place. While the @crumblsydney Monday statement maintains that their ‘parallel import’ business model was entirely legal, few are convinced.

Is it legal?

As an unofficial re-seller of Crumbl Cookie in Australia, the coordinators are correct in noting they are a ‘parallel importer’ under the ACCC. In other words, despite the official Crumbl store not giving the reseller’s authorisation to do so, this is still regarded as legal business in Australia.

What’s not so legal, however, is the likely passing off of @crumblsydney as the real deal. And without going into excessive legal jargon, there’s a strong chance the coordinators are in hot water.

While @crumblsydney claim they have not used any official trademarks in their videos on TikTok, this is not entirely true. Sure, the account username doesn’t include the trademarked name ‘Crumbl Cookie’, but many of their posts do. And even if a trademark violation didn’t stand, @crumblsydney did give the impression that the pop-up was officially backed. They used official box branding, taglines that “Crumbl cookies have landed in Australia”, and didn’t do much to clarify they weren’t associated with the company.

At the point that most people genuinely thought they were purchasing from the official store, a substantial problem arises. And in the eyes of the ACCC, this would likely constitute misleading and deceptive conduct towards consumers.

Furthermore, there are likely biosecurity violations that have occurred upon importation. While individuals travelling into Australia are able to bring in biscuits, breads, cakes and pastries into the country without declaring them, they specifically have to be for personal consumption. On top of that, the items have to be fully baked, meaning that any iced cookies were always a no-go. To date, @crumblsydney have not responded to this.

The moral of the story?

It’s a crummy situation to say the least (pardon the pun). And more is almost certainly set to unfold, as @crumblsydney have doubled down on many of the claims. At this stage, all that we can really takeaway from the ordeal is to not believe everything we see online. When given the opportunity to make a buck, people will take advantage of folly. And in a cost-of-living crisis, maybe spending $17.50 on a week-old cookie is the universe telling you to move forward with further discernment.

And if you’re still looking for the real deal? Check out an actually decent Sydney foodie review over here.