‘More Than Just Fruit’: Lawsuit Says Dove Chocolate-Covered ‘Real Mixed Berries’ Contains Ingredients Consumers Wouldn’t Expect
by Erin Shaak
Lyons v. Mars Wrigley Confectionery US, LLC
Filed: January 23, 2021 ◆§ 7:21-cv-00620
A lawsuit claims the packaging of Dove chocolate-covered “Real Mixed Berries” fails to disclose that the product contains added sugar, preservatives and natural flavor.
A proposed class action claims the packaging of Dove brand chocolate-covered “Real Mixed Berries” fails to disclose that the supposedly real-fruit product contains added sugar, preservatives and natural flavor.
According to the lawsuit, the front label of the chocolate-covered fruit snack made by defendant Mars Wrigley Confectionery US, LLC represents to consumers that the product contains “what it promises—without more.” In other words, consumers who view the product’s front label will expect the snack to contain “only those ingredients identified on the front label—chocolate and fruit,” the suit says.
Despite the expectations that the defendant’s chocolate-covered fruit is made with only chocolate and fruit, the Dove “Real Mixed Berries” product contains added sugar, citric acid, natural flavor and ascorbic acid, the lawsuit alleges.
Per the case, the “made with real fruit” representation and pictures of fruit on the product’s front label would, in the context of chocolate-covered fruit, imply to consumers that the fruit ingredients are not modified by sugar, citric acid, natural flavor and ascorbic acid.
“The representation that the Product is ‘made with real fruit’ is misleading to consumers,” the complaint alleges, contending that the defendant has misrepresented the product with “affirmative statements, half-truths, and omissions.”
The lawsuit argues that consumers would not have purchased the Dove “Real Mixed Berries” product, or would have paid less for it, had they known the snack contained more than just fruit and chocolate.
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