Goldfish Lawsuit Says Snack Crackers Are Falsely Advertised as Free From Artificial Flavors, Preservatives
Ward v. Pepperidge Farm, Inc.
Filed: January 5, 2024 ◆§ 1:24-cv-00078
A class action alleges Goldfish Flavor Blasted Baked Snack Crackers are falsely and misleadingly advertised as having no artificial flavors or preservatives.
The maker of Goldfish Flavor Blasted Baked Snack Crackers faces a proposed class action that alleges the product is falsely and misleadingly advertised as having no artificial flavors or preservatives.
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The 16-page case against Pepperidge Farm alleges the “No Artificial Flavors or Preservatives” claim on Goldfish labels is false given that the products—including the Sour Cream & Onion, Xtra Cheesy Pizza, Cheddar & Sour Cream, Xtra Cheddar, and Cheddar Jack’d varieties—contain citric acid, a commonly used artificial preservative.
Per the complaint, the Food and Drug Administration (FDA) defines a chemical preservative as any chemical that, when added to food, “tends to prevent or retard the deterioration thereof,” excluding salt, sugars, vinegars, spices, or oils extracted from spices, among certain other exemptions.
“In its ‘Overview of Food Ingredients, Additives & Colors,’ the FDA lists citric acid as a preservative. The FDA also recognizes that preservatives, like citric acid, are commonly used in packaged foods such as the [Goldfish] Products.”
Specifically, the suit says, citric acid, which also has antimicrobial properties that inhibit the growth of some bacteria and mold, is classified as an antioxidant that delays or prevents the deterioration of foods via oxidative mechanisms.
In particular, citric acid “deactivates” the naturally occurring enzymes that oxidize and break down the molecules of a food product, the lawsuit shares. The chemical also “chelates metal ions, which stabilizes and preserves food products by bonding certain molecules in food products to centrally located metal atoms,” the case says.
Ultimately, citric acid functions as a preservative in Goldfish crackers regardless of Pepperidge Farm’s purpose or intent in adding it to the product, including to impart flavor, the suit contests, accusing the food company of seeking to capitalize on consumers’ preference for products labeled as “free from” certain chemicals or flavors.
The case further claims that although citric acid can be naturally derived from fruit, the variety used in the Goldfish products is commercially manufactured from black mold and can cause a range of negative side effects, including joint pain, stomach pain and shortness of breath.
The lawsuit looks to cover all consumers in the United States who, during the applicable statute of limitations period, bought any of the Goldfish cracker varieties listed on this page.
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