Dash ‘Salt-Free’ Taco Seasoning Mix Not Actually Salt-Free, Class Action Alleges
Espinoza v. B&G Foods, Inc. et al.
Filed: October 27, 2023 ◆§ 2:23-cv-09096
A class action alleges that Dash salt-free “Flavor Full” taco seasoning mix is falsely advertised in that the product actually contains sodium.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
A California consumer alleges in a proposed class action that Dash salt-free “Flavor Full” taco seasoning mix is falsely advertised in that the product actually contains sodium.
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According to the 23-page case against defendant B&G Foods, the plaintiff purchased the taco seasoning packets in April 2023 based on the front-label claim that the product is “Salt-Free” and representations on its nutritional facts panel that it contains zero milligrams (mg) of sodium per serving.
However, laboratory testing commissioned by the plaintiff’s counsel detected between 6.9 and 8.06 mg of sodium per serving in 12 samples of the Dash taco seasoning mix, the lawsuit claims.
The complaint notes that all 12 samples of the taco seasoning mix contained sodium, and each was made with over 20 percent more sodium than what was listed on the product’s nutritional information label.
The filing contends that the Dash product—formerly sold under the brand name Mrs. Dash—is misbranded under California law due to B&G Foods’ use of false and misleading label statements. Moreover, state labeling regulations provide that a food product is misbranded if its actual sodium content is more than 20 percent higher than the sodium content listed on its label, the suit says.
Per the case, B&G Foods has tricked California consumers into believing that the Dash taco seasoning mix is salt-free, allowing the company to sell the product at a higher price than competing taco seasoning mixes that contain sodium.
For example, the plaintiff says she purchased Dash salt-free “Flavor Full” taco seasoning mix for $1.59 per ounce over Old El Paso taco seasoning mix, which costs $1.25 per ounce, because the product at issue said it contained zero sodium. However, the plaintiff would not have bought the Dash taco seasoning mix had she known it was made with salt, the complaint shares.
“Rather, as [the plaintiff] has previously done, she would have purchased a cheaper taco seasoning mix packet or one that contained less sodium,” the case says.
The suit claims that in June 2023, the plaintiff sent a letter to B&G Foods alleging food labeling violations and demanding the company bring the Dash taco seasoning mix into compliance with California law by either reducing its sodium content to accurately reflect its current labeling, changing the product’s labeling to reflect its actual sodium content or ceasing all sales of the item.
As of October 27, 2023, the defendant has taken no remedial action to address the alleged violations of state law, the case contends.
The lawsuit looks to represent anyone in California who purchased Dash salt-free “Flavor Full” taco seasoning mix within the past six years.
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