7-Eleven Spicy Jalapeño Peanuts Contain Undisclosed Artificial Flavor, Class Action Alleges
by Erin Shaak
Wilim v. 7-Eleven, Inc.
Filed: September 9, 2022 ◆§ 1:22-cv-04886
A proposed class action lawsuit alleges 7-Eleven’s spicy jalapeño-flavored jumbo peanuts contain a artificial flavor not disclosed on the front label.
Illinois
A proposed class action lawsuit alleges 7-Eleven’s spicy jalapeño-flavored jumbo peanuts are misleadingly packaged in that the front label fails to disclose that the snack’s taste is derived in part from artificial flavoring.
The 13-page case claims that because the front label of the 7-Select-brand peanuts emphasizes the product’s characterizing “spicy jalapeño” flavor though words, pictures of jalapeño peppers and green shading, consumers are led to expect that the source of the snack’s taste is real jalapeño peppers. Contrary to these expectations, however, the peanuts also contain natural and artificial flavors, the lawsuit argues.
Federal and state food labeling regulations specify that any food whose characterizing flavor is bolstered by an artificial flavoring agent must disclose on the front label that it is artificially flavored, the complaint relays. Although the 7-Select spicy jalapeño peanuts include “jalapeño pepper” among their ingredients, their taste is also derived from “artificial flavors”—a fact not disclosed on the front label, the case says.
According to the complaint, many consumers seek foods that do not contain artificial flavors—which are perceived as being less healthy than naturally flavored foods—and are willing to pay more for those products. The case contends that 7-Eleven has sold more of its spicy jalapeño peanuts, and at a higher price, than it would have absent the allegedly misleading front-label representations.
“The value of the Product that Plaintiff purchased was materially less than its value as represented by Defendant,” the complaint states.
The lawsuit looks to represent anyone in Illinois, Alabama, New Jersey, Montana, Alaska, Texas, Arizona, New Mexico, Mississippi, Utah, Nebraska, South Carolina, Tennessee and Virginia who purchased the 7-Select spicy jalapeño-flavored jumbo peanuts within the applicable statute of limitations period.
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