Despite ‘No Preservatives’ Label, Pirate’s Booty Snacks Contain Citric Acid, Class Action Says

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A proposed class action lawsuit says Pirate’s Booty snacks have been misrepresented as containing no artificial preservatives.

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The 16-page lawsuit against the Hershey Company says that the “No Artificial Colors or Preservatives” claim on the label of Pirate’s Booty is false and/or misleading since the snacks contain citric acid, a well-known preservative commonly found in food products. Citric acid has antioxidant and antimicrobial properties that inhibit the growth of mold and bacteria, the suit relays. 

Even if the citric acid in a food product does not function as a preservative, it nonetheless qualifies as one, the case contests. 

“Defendant markets its Product in a systematically misleading manner by misrepresenting that the Product does not contain artificial preservatives,” the complaint summarizes, accusing the Hershey Company of profiting unjustly “as a result of its deceptive conduct.”

The case claims Pirate’s Booty has been mislabeled in an effort to induce health-conscious consumers into buying a product they believe is free from artificial preservatives.

A chemical preservative by law is any chemical that, when added to food, tends to “prevent or retard deterioration thereof,” excluding common salt, vinegars, spices, or oils extracted from spices, as well as substances added to food directly from wood smoke or “chemicals applied for their insecticidal or herbicidal properties,” the lawsuit states. 

The FDA, in its Overview of Food Ingredients & Colors, lists citric acid as a preservative, the filing notes. Moreover, companies such as Fresh Express and Chiquita Brands International have been warned by the FDA that citric acid is a chemical preservative that must be declared on product labels with a description of its function, the case relays. 

Per the lawsuit, the citric acid found in Pirate’s Booty snacks is commercially manufactured “and the result of extensive chemical processing.”

The Pirate’s Booty lawsuit looks to cover all individuals in the United States who bought Pirate’s Booty snacks during the applicable statute of limitations period.

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