Sun-Maid Lawsuit Claims Yogurt-Covered Raisins Nowhere Near as Healthy as Advertised
McGarity v. Sun-Maid Growers of California
Filed: April 19, 2024 ◆§ 3:24-cv-00714
Sun-Maid Growers of California faces a class action lawsuit that alleges the company’s yogurt-covered raisins are not as healthy as advertised.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
Sun-Maid Growers of California faces a proposed class action lawsuit that alleges the company’s yogurt-covered raisins are not as healthy as advertised since the snack is coated with a “flavored candy shell” instead of actual yogurt.
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The 26-page false advertising lawsuit says that although Sun-Maid unequivocally touts the yogurt-covered raisins as a healthy food, the products, unbeknownst to consumers, are not covered with yogurt as it is defined by federal law and are thus “more akin to candies such as Raisinets and Tootsie Rolls” than they are to a healthy snack.
In particular, the Sun-Maid lawsuit highlights that the “unhealthy and unnatural” yogurt-covered raisins include not only added sugar—“which speaks for itself,” the suit mentions—but a confectioner’s glaze commonly used in candy corn, Milk Duds, Junior Mints and several other candies; hydrogenated palm kernel oil; soy lecithin, an unnatural emulsifier; and tapioca dextrin, which acts as an adhesive coating for candy.
Crucially, the Sun-Maid yogurt-covered raisins also contain titanium dioxide, a chemical often used as a pigment in paint, sunscreen and food coloring, the case states. Per the lawsuit, titanium dioxide is a known carcinogen and appears on the list of banned substances under California’s Prop 65.
According to the complaint, the ingredients lists for the Sun-Maid Vanilla Yogurt-Covered and Strawberry & Vanilla Yogurt-Covered Raisins at issue state that the raisins have a “vanilla yogurt flavored coating” and “flavored coatings,” respectively. Yogurt powder, an ingredient in the flavored coatings, offers none of the expected nutritional benefits of real yogurt and is instead a preservative used to prolong the shelf life of condiments, dips and spreads, the case states.
“In essence, [yogurt powder] is a flavor supplement and emulsifier, not yogurt,” the suit summarizes, adding that yogurt powder is highly processed and heat-treated, meaning it lacks any of the helpful bacteria found in real yogurt.
The filing relays that the definition of yogurt under the federal Food, Drug and Cosmetic Act is “thorough” and outlines specifications for, among other details, the type of dairy used, the amount of milkfat, and the characterizing bacterial culture found in real yogurt.
“The cultures are the source of one of the primary health benefits of yogurt. The health and nutritional benefits from lactic acid bacteria include improved digestion of lactose and control of intestinal infections, some types of cancer, and serum cholesterol levels.”
According to the case, the plaintiff has independently confirmed through testing that the yogurt powder in Sun-Maid yogurt-covered raisins does not contain the key bacterial culture, or any live cultures, found in yogurt.
Ultimately, the case contends that the packaging of Sun-Maid yogurt-covered raisins should include the text “Vanilla Yogurt-Flavored Covered Raisins” on the consumer-facing front label. The lawsuit argues that consumers have bought Sun-Maid’s yogurt-covered raisins under the material belief that the product is a healthy snack.
“Plaintiff and Class members would have paid less for the [yogurt-covered raisins], or they would not have purchased them at all, but for the Yogurt Claim,” the complaint states.
The lawsuit looks to cover all persons who bought at least one Sun-Maid yogurt raisin product within the applicable statute of limitations period.
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