Food Lion Fruit & Grain Cereal Bars Not as Naturally Flavored as Advertised, Class Action Lawsuit Claims
Bates v. Food Lion LLC
Filed: September 17, 2024 ◆§ 7:24-cv-00864
A proposed class action lawsuit claims Food Lion has misled consumers by falsely advertising its Fruit & Grain cereal bars as naturally flavored.
North Carolina
A proposed class action lawsuit claims Food Lion has misled consumers by falsely advertising its Fruit & Grain cereal bars as naturally flavored.
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The 21-page fraud lawsuit relays that the cereal bars—which come in strawberry, blueberry, apple pie and mixed berry varieties—are prominently labeled as “Naturally Flavored” and “Made With Real Fruit Filling.” However, contrary to the representation, the products contain an artificial flavoring agent known as DL malic acid, the suit alleges.
The complaint states that while there is a naturally occurring form of malic acid, it is expensive to manufacture for use in the mass production of foods and beverages. In any case, independent testing has revealed that Food Lion’s cereal bars do not contain the natural type of malic acid, but the synthetic form, DL malic acid, which is produced in petrochemical plants through a series of chemical processes, the filing claims.
Federal labeling regulations stipulate that if a food product’s characterizing flavor is simulated or reinforced with added flavoring agents, the front label must prominently disclose that the item is “artificially flavored,” the class action lawsuit shares.
The suit contends that the cereal bars’ packaging fails to satisfy these labeling requirements, rendering the products misbranded under federal law.
“The products have none of the required disclosures regarding the use of artificial flavors,” the case charges. “In fact, the products’ front label bears the false and deceptive statements that they are ‘Naturally Flavored.’”
According to the complaint, the supermarket chain has misrepresented its cereal bars in an attempt to capitalize on increasing consumer demand for “clean label” foods—that is, products that are all-natural, minimally processed or free of synthetic additives.
The Food Lion lawsuit looks to represent anyone in the United States who purchased Fruit & Grain cereal bars within the past four years.
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