Organisers of viral cookie pop-up could face legal action, experts claim

The people behind what was held out to be a fake "pop-up" shop of a viral American cookie company could be in legal trouble.

Fans were thrilled when social media accounts claimed to be bringing Crumbl Cookies - which counts model Kylie Jenner among fans - to Sydney.

Videos on TikTok account CrumblSydney announced over a few weeks a "one day Crumbl pop up is coming to Sydney", and "Crumbl cookies are coming to Australia".

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Hundreds of people lined up at the weekend on Old South Head Road in Bondi to buy them - at a vastly inflated price.

The cookies were sold for $17.50 each - compared with around $7 ($US5) in the US.

Footage from the event shows the organisers using the brand's pink logo and boxes.

Lawyer Sam Macedone from Macedone Legal suggested their actions were "ridiculous" and claimed they "don't have a leg to stand on" if the company takes action.

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"What they're doing now is selling these Crumbl cookies with the logo and other bits of people so they are passing themselves off as the US crumble company without permission," he claimed to 9News.

"They'd have to give you a licence to sell.

"It's not even that they're producing cookies here that look like it.

"It's the actual cookie themselves that they're bringing in. They're making money on someone else's product."

Social media users are also mad, and some accused the organisers of running a "scam".

"They deny being "Crumbl Cookies" yet their name is deceptive. Instead of creating an original brand, they chose to impersonate. Crumbl's policies will likely bring the consequences they deserve," one said.

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"Stale cookies for $17.50 a cookie is highway robbery," said claimed another.

The organisers denied the cookies were stale.

However, others said they were just happy to be able to try the treats.

After the backlash, a statement appeared on the TikTok account this morning.

It says they "never claimed" to be an official shop, adding they aimed to bring the cookies to Australia by "importing" them.

It confirmed those behind it said they went to the USA and brought them back.

They even showed a shot of an online order totalling over $3000.

"The event was never about profit. We aimed to bring the cookies to Crumbl fans," the statement said.

They say they followed all the legal rules including surrounding the import, it said.

They said they spent $6000 on cookies and $4000 on flights, as well as $2000 on import duties and $1000 on staff for the day.

They claim what they did is legal and called a "parallel import".

The account also shared the customs form, showing they declared the cookies coming into Australia.

However the statement said they won't be running any more pop-up shops.

Crumbl was started in 2017 when co-founders Jason McGowan and Sawyer Hemsley teamed up on a quest to bake the perfect chocolate chip cookie.

Cookies are now sold at more than 1000 bakeries, some of which are franchised, in the USA and Canada.

9News has contacted Crumbl for comment, and the NSW Food Authority, which governs food standards in the state.

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