A class action lawsuit has been filed in California federal court, alleging that Walmart falsely markets its yogurt bites as containing “no preservatives.”
Plaintiff Rebeca Castillo asserts that the company deceives consumers about its “Parent’s Choice Yogurt Bites Freeze-Dried Yogurt & Fruit Snacks.” In the lawsuit, Castillo claims that the label “No Preservatives” is misleading since it actually includes a chemical preservative.
She maintains that labeling is designed to attract health-conscious parents who might be shopping for nutritious snacks for their children. But there’s more: the label also declares that the product contains “No Artificial Flavors or Artificial Sweeteners.”
Either way, Castillo claims these statements are misleading, because the ingredient list for the Yogurt Bites includes ascorbic acid, a form of Vitamin C that also acts as a preservative. This directly contradicts the claim that the product contains no preservatives, she alleges.
The Environmental Working Group (EWG) – a group that “scores” foods based on nutrition, ingredient concerns, and the degree of processing – writes that the Yogurt Bites’ ingredients are of low-to-medium concern, adding that the product “is not certified organic” and has “1 ingredient with concerns” which appear to be “Added ‘flavors’” that “are secret and often complex mixtures of chemicals that modify and manipulate the taste and smell of food.”
This isn’t the only fruit product issue Walmart is having to deal with. TopClassActions reports that another new Walmart class action lawsuit alleges some of the company’s Great Value brand apple juice products contain high levels of arsenic.
Will consumers pay more for “healthier” products?
There’s a trend towards health-conscious eating is more pronounced among younger generations, who are more likely to subscribe to healthy eating plans and prioritize fresh, less processed foods.
This demographic is willing to pay a premium for products that align with their health and lifestyle goals – a supposition that Castillo asserts Walmart capitalizes on by labeling the Yogurt Bites as preservative-free, Walmart capitalized on this preference, selling the product to hundreds of thousands of unsuspecting consumers, Castillo’s lawsuit claims.
“By falsely labeling the Products as having ‘No Preservatives,’ Defendant has profited from consumers’ preference for offerings that are perceived to be healthier clean label products,” she says.
Furthermore, she argues that consumers lack the specialized knowledge to recognize ascorbic acid as a preservative. Walmart’s labeling, which simply refers to ascorbic acid as Vitamin C, further “obfuscate[s] the existence of preservatives,” the lawsuit claims.
What Castillo wants to happen is, according to TopClassActions, is certification of the class action, damages exceeding $5 million, fees, costs and a jury trial.