in Newswire Published on June 5, 2023

Certain AriZona Fruit Snacks Falsely Advertised as Preservative-Free, Class Action Says

Scheibe v. Arizona Beverages USA, LLC

Filed: May 30, 2023 ◆§ 3:23-cv-00998-RBM-BLM

A class action lawsuit claims Arizona Beverages USA has misled consumers by marketing certain fruit snacks as preservative-free when the products, in fact, contain citric acid, an artificial additive.

Defendant(s)

Arizona Beverages USA LLC

Law(s)

California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act

State(s)

California

Categories

Food False Advertising Fraud

A proposed class action lawsuit claims Arizona Beverages USA has misled consumers by marketing certain fruit snacks as preservative-free when the products, in fact, contain citric acid, an artificial additive.

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The 20-page lawsuit says that despite the front-label claim that the products have “No Preservatives,” AriZona Fruit Snacks, AriZona Green Tea Fruit Snacks and AriZona Arnold Palmer Half & Half Fruit Snacks each, in truth, contain the preservative citric acid. The misrepresentations are also mirrored on the products’ listings on Amazon.com, the suit relays.

According to the case, the U.S. Food and Drug Administration clearly identifies citric acid as a preservative—that is, a chemical added to food products to prevent or delay deterioration. By law, the complaint shares, a food product that contains preservatives must plainly disclose the name of the ingredient and its function, such as “to help protect flavor” or “to retard spoilage.”

Despite these labeling standards, the labels of the products at issue include “none of the required disclosures” with respect to the use of preservatives, the filing contests.

“While citric acid is found naturally within fruits such as lemons and oranges, the citric acid used by the food industry is universally produced using synthetic, chemical means. This weak acid has been used as an additive in processed foods for more than a century as a preservative.”

As the lawsuit tells it, demand is increasing for food products that are all-natural, unprocessed or free of preservatives and artificial additives. The suit charges that the fruit snacks’ preservative-free representations are designed to “capitalize on consumers’ preference” for items with fewer synthetic ingredients.

The plaintiff, a California resident, ordered the AriZona fruit snacks from Amazon.com in February 2023 and was led to believe, based on the label representations, that they had no preservatives, the case explains. Per the complaint, the man would not have paid as much for the products, or bought them at all, had he known that they contained the common preservative citric acid.

The lawsuit looks to represent anyone residing in California who purchased AriZona Fruit Snacks, AriZona Green Tea Fruit Snacks and/or AriZona Arnold Palmer Half & Half Fruit Snacks at any time since May 30, 2019.

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