Tag: citric acid
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Court Dismisses “No Preservatives Added” Claims Against Herr Foods
A Pennsylvania federal court has dismissed without prejudice a consumer lawsuit alleging Herr Foods Inc. labels its snack products as free from added preservatives despite containing citric acid. Hu v. Herr Foods, Inc., No. 165037 (E.D. Pa., order entered April 24, 2017). Additional information on the complaint appears in Issue 609 of this Update. Herr…
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Plaintiff Claims Coconut Water Contains No Coconut
An Oregon plaintiff has filed a putative class action against the makers of Cascade Ice Coconut Water alleging the product contains no coconut. Silva v. Unique Beverage Co., LLC, No. 17-0391 (D. Or., filed March 9, 2017). The complaint alleges that “[d]espite the large colorful coconuts and the word ‘Coconut’ that defendant puts on the…
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Newman’s Own Faces Putative Class Action Litigation over Natural Claims
A consumer has filed a projected class action alleging Newman’s Own, Inc. misleadingly markets its pasta sauce products as natural despite containing citric acid. Wong v. Newman’s Own, Inc., No. 16-6690 (E.D.N.Y., filed November 30, 2016). The complaint asserts the company “deceptively used the term ‘natural’ to describe a product containing ingredients that have been…
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Izze Drinks Mislead with Preservative-Free and Dietary Guidelines Claims, Consumer Alleges
A consumer has filed a purported class action against PepsiCo and subsidiary Izze Beverage Co. alleging Izze carbonated juice drinks are misleadingly marketed as containing “no preservatives” despite the presence of citric or ascorbic acid. Lindberg v. PepsiCo Inc., No. 16-6569 (S.D.N.Y., filed August 19, 2016). The complaint also challenges Izze’s claim that each bottle…
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Drew’s “All Natural” Dressings Contain Synthetic Ingredients, Putative Class Alleges
A consumer has filed a projected class action against Drew’s LLC, maker of Drew’s salad dressings and marinades, alleging the company misrepresents its products as “all natural” because they contain xanthan gum, disodium phosphate, lactic acid and citric acid. Haack v. Drew’s LLC, No. 16-6022 (S.D.N.Y., filed July 28, 2016). The complaint cites draft guidance…
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Snack Food Maker Target of Proposed Class Action Involving Preservatives-Free Claim
A consumer has filed a putative class action against Herr Foods Inc., maker of potato chips, popcorn and cheese curls products, alleging the company mislabels its foods as preservative-free despite containing citric acid. Hu v. Herr Foods Inc., No. 16-3313 (E.D.N.Y., filed June 20, 2016). The complaint alleges Herr seeks “to capitalize on consumers’ preference…
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Pickled Cucumbers with Citric Acid Are Not Preservative-Free, Lawsuit Alleges
A consumer has filed a putative class action against Kimlan Foods U.S.A. alleging the company misrepresents its jarred preserved-food products as having “No Preservatives Added” despite containing citric acid. Hu v. Golden Orchid, Ltd., No. 16-2234 (E.D.N.Y., filed May 4, 2016). The plaintiff purchased a 14-ounce jar of pickled cucumbers at a supermarket in New…
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Presence of Citric Acid at Heart of Putative Class Action Challenging Vivaloe’s “Natural” and Preservative-Free Claims
A consumer has filed a putative class action alleging Outernational Brands, Inc. mislabels its Vivaloe aloe-vera beverages as “All Natural” and preservative-free even though the products contain citric acid. Chen v. Outernational Brands, Inc., No. 16-1634 (E.D.N.Y., filed April 4, 2016). “The term ‘All Natural’ only applies to those products that contain no non-natural or…