Class Action Claims Polaner ‘All Fruit’ Label Is Misleading Since Spread Contains Non-Fruit Ingredients

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A proposed class action contends that B&G Foods’ Polaner-brand All Fruit spread is deceptively named and labeled since the product contains ingredients other than fruit.

The nine-page case argues that consumers reasonably expect that a product named “All Fruit” will consist only of fruit ingredients, and the front label of Polaner’s spread furthers this expectation with depictions of fruit and the claim that the item is “Sweetened Only With Fruit Juice.” Contrary to these label claims, the spread contains two non-fruit ingredients, citric acid and natural flavor, the complaint says.

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According to the suit, citric acid is naturally found in various fruits, but the strand of critic acid used as an ingredient in other foods is industrially produced via fermentation. The Code of Federal Regulations defines natural flavor as “essential oil, oleoresin, essence or extractive” derived from spices, fruits or vegetables, edible yeast, or plant material for flavoring, but it is not considered a fruit, the filing relays.

Per the case, “expecting the Product to contain all fruit ingredients is technologically and economically feasible because such products are sold by competitors.”

The complaint contends that B&G Foods has taken advantage of consumers’ preference for products with less processed and more natural ingredients by selling its All Fruit at a higher price than it would have without the allegedly misleading labeling. 

The lawsuit looks to represent anyone in New York, Texas, North Dakota, Wyoming, Idaho, Alaska, Iowa, Virginia, Mississippi, Arkansas, North Carolina, or Utah who purchased Polaner All Fruit spread during the applicable statute of limitations period.

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