Publix’s Apple Cinnamon Flavored Fruit & Grain Cereal Bars Contain Undisclosed Artificial Flavor, Class Action Alleges
Griffin v. Publix Super Markets, Inc.
Filed: July 5, 2023 ◆§ 8:23-cv-01490
A class action alleges the label of Publix-brand Apple Cinnamon Flavored Fruit & Grain Cereal Bars is deceptive since it does not disclose that the product’s apple flavor is partially sourced from artificial ingredients.
Magnuson-Moss Warranty Act Florida Deceptive and Unfair Trade Practices Act Georgia Fair Business Practices Act
Florida
A proposed class action alleges the label of Publix-brand Apple Cinnamon Flavored Fruit & Grain Cereal Bars is deceptive since it does not disclose that the product’s apple flavor is partially sourced from artificial ingredients.
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The 25-page lawsuit against defendant Publix Super Markets, Inc. claims that because the product’s front label lacks any references to artificial flavoring, consumers are led to expect that the source of the snack’s apple taste is from real apples or natural flavoring. In truth, the cereal bars are made with a synthetic ingredient that simulates and reinforces the sour, tart, sweet taste of apples, the case contends.
The complaint points out that the product’s ingredient list says the apple filling contains malic acid, which could refer to a version of the substance that occurs naturally in apples. However, according to the suit, laboratory analysis reveals that the cereal bars are made with DL-malic acid, a flavoring agent commercially produced from petroleum.
Per the filing, Publix could have added more naturally occurring apple ingredients to the cereal bars but chose to use artificial DL-malic acid because it costs less.
The suit argues that the defendant’s misleading representations and omissions run afoul of federal and identical state regulations requiring that a product’s front label must disclose the source of its characterizing flavor. As such, Publix should have labeled the cereal bars as “Artificially Flavored Apple [and Cinnamon],” the complaint says.
The plaintiff, a Georgia consumer, claims to be part of the majority of consumers who avoid purchasing products made with artificial flavors, as synthetic ingredients are often associated with adverse health and environmental effects. When deciding to purchase the cereal bars, the man says he relied on Publix’s labeling statements and design, which made no mention of artificial ingredients and included green coloring and fonts that he associated with green apples.
Had the plaintiff known the cereal bars contained DL-malic acid, he would not have purchased the product or paid less for it, the complaint says.
The lawsuit looks to represent anyone in Florida or Georgia who purchased Publix-brand Apple Cinnamon Flavored Fruit & Grain Cereal Bars during the applicable statute of limitations period.
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