in Newswire Published on October 7, 2022

Consumers Deceived by Great Value Veggie Straws Label, Class Action Alleges

Last Updated on October 17, 2022

Lara v. Walmart Stores, Inc.

Filed: October 2, 2022 ◆§ 5:22-cv-00437

A proposed class action alleges Walmart has falsely labeled its Great Value Veggie Straws as free of artificial flavoring and preservatives.

Defendant(s)

Walmart Stores, Inc.

Law(s)

Florida Deceptive and Unfair Trade Practices Act

State(s)

Florida

Categories

Food False Advertising Fraud

A proposed class action alleges Walmart has falsely labeled its Great Value Veggie Straws as free of artificial flavoring and preservatives.

According to the 25-page case, Walmart has deceptively labeled the snack as having “No Artificial Flavors or Preservatives,” even though it contains the chemical preservative citric acid and synthetic flavoring ingredient malic acid.

The Food and Drug Administration (FDA) classifies citric acid as a preservative in its Overview of Food Ingredients, Additives, and Colors, the suit states. The lawsuit also relays that FDA regulations categorize malic acid as a “flavor enhancer,” “flavoring agent,” and an ingredient used to control the pH of food.

Even if Walmart intended to use malic acid as a pH control agent, “its presence in the Products nonetheless impacts, affects, or enhances the flavor” of the zesty ranch-flavored veggie straws, and consumers thus must be informed that the item contains artificial flavoring, the case argues.

“As a direct result of Defendant’s deceptive statements concerning the nature of its Products, Plaintiff and Class Members paid a premium for the Products over other comparable products that do not make the same representations,” the lawsuit claims.

Per the complaint, Walmart’s “false, deceptive, and misleading” advertising of the Veggie Straws violates Florida’s Deceptive and Unfair Trade Practices Act. The case alleges the product’s mislabeling also fails to satisfy federal labeling requirements:

“Federal regulations declare that if a food contains artificial flavor which simulates, resembles or reinforces the characterizing flavor, the name of the food on the principal display panel or panels of the label shall be accompanied by the common or usual name(s) of the characterizing flavor [which] shall be accompanied by the word(s) ‘artificial’ or ‘artificially flavored’. . ., e.g., ‘artificial vanilla,’ ‘artificially flavored strawberry,’ or ‘grape artificially flavored.’”

The complaint argues that Walmart has used false labels to capitalize on consumer health trends as buyers are willing to pay more for products free of artificial additives. A 2015 survey by Nielsen found that 88% of those polled are willing to pay more for healthier foods, including products that have no artificial coloring and are deemed all-natural, the filing relays.

The lawsuit looks to represent anyone in the United States who purchased one or more of the Great Value Veggie Straws containing citric acid or malic acid ingredients within the last four years.

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