Capri Sun Apple Juice Not as ‘All Natural’ as Advertised, Class Action Alleges
Forbes v. Kraft Heinz Foods Company
Filed: January 2, 2023 ◆§ 1:23-cv-00007
A class action accuses Kraft Heinz of misleading consumers by marketing Capri Sun apple juice as all natural when it contains an artificial preservative.
New York
A proposed class action accuses Kraft Heinz Foods Company of misleading consumers by marketing Capri Sun apple juice as all natural and free of synthetic additives when it contains citric acid, an artificial preservative.
According to the 12-page lawsuit, the apple juice is promoted as containing “All Natural Ingredients” and “No Artificial Colors, Flavors or Preservatives”—phrases with increasing appeal among shoppers because of the belief that “free from” foods are healthier.
The suit claims that despite the presence of an artificial additive in its apple juice, Kraft Heinz structured its marketing to capitalize on consumers’ desire and willingness to pay more for products made with natural ingredients and without preservatives.
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Although the production of citric acid begins with the fermentation of natural ingredients and uses a natural fermentation process, the “multiple chemical reactions, synthetic mineral salts and synthetic reagents required for extracting citric acid mean it is not a natural preservative, but an artificial one,” the lawsuit argues.
Per the case, citric acid is commonly used as a preservative in food products because it increases acidity levels, which prevents the growth of microbial organisms and therefore food spoilage.
The complaint explains that, by law, foods with chemical preservatives like citric acid must include in their ingredients list a description of the preservative’s function (e.g., “to retard spoilage” or “to help protect flavor”). The description listed next to citric acid on the Capri Sun apple juice product, however, reads “for tartness,” which leads consumers to believe the citric acid merely affects flavor rather than chemically acting against decay, the filing alleges.
Like many consumers, the plaintiff, a New York resident, seeks food products free of artificial additives because of a belief that they are healthier for her, the suit explains. The complaint argues that consumers like the plaintiff would not have purchased the Capri Sun apple juice product had they known it contained an artificial preservative.
The lawsuit looks to represent anyone residing in New York, South Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, South Carolina and Utah who purchased Capri Sun-brand apple juice during the statute of limitations.
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