Class Action: Edwards Key Lime, Strawberry Crème Frozen Pies Falsely Advertised as Having No Preservatives

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A proposed class action alleges Schwan’s Consumer Brands, Inc. falsely advertises that its Edwards key lime and strawberry crème frozen pies contain “no preservatives.”

The 13-page lawsuit claims the frozen pies are misleadingly labeled given they are made with sodium citrate, a synthetic ingredient commonly used to preserve dairy-based frozen foods. The strawberry crème-flavored pie also contains citric acid, which functions as a preservative, the case argues.

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According to the suit, citric acid and sodium citrate are “acidulants” that extend the shelf-life of dairy-based foods by lowering their pH level, which limits the growth of mold and bacteria. The ingredients’ status as “antioxidant additives” keep the pies from spoiling prematurely by preventing oxidation, and they also help the products maintain their natural color longer, the complaint asserts.

The filing contends that Schwan’s has violated federal and identical state laws by failing to disclose that the frozen pies contain chemical preservatives. Even if consumers view the products’ ingredients lists, many will not know that citric acid or sodium citrate function as preservatives since Schwan’s has failed to properly declare this fact, the case adds.

“Not only do the labels not disclose the presence of these ingredients, they do the opposite by disclaiming the presence of preservatives,” the complaint reads.

Consumers relying on these false label statements will reasonably believe that the Edwards key lime and strawberry crème frozen pies are free from preservatives, the suit claims. The complaint further alleges that the products’ misleading representations allow Schwan’s to sell its frozen pies at a higher price than what they are worth since market research shows that most buyers are willing to pay more for healthier foods made without additives.

The lawsuit looks to represent anyone in Florida, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, North Carolina or Utah who purchased Edwards key lime or strawberry crème frozen pies during the applicable statute of limitations period.

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