Welch’s Fruit Snacks Falsely Advertised As Preservative-Free, Class Action Lawsuit Alleges

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A new class action lawsuit accuses Welch Foods of falsely advertising its Welch’s Fruit Snacks as preservative-free.

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According to the 18-page proposed class action, the “No Preservatives” claim featured on the label of Welch’s Fruit Snacks misleads consumers about the contents of the products, which, the case says, contain the common preservatives citric acid and ascorbic acid. 

The additives, which are recognized as chemical preservatives by the U.S. Food and Drug Administration, help food products retain color and flavor by preventing microbial growth and oxidation, the suit explains. 

The case points out that even if citric acid, in particular, was added to the fruit snacks to impart sweetness or flavor, the ingredient nonetheless functions as a preservative in the products.

The complaint contends that Welch’s, by advertising the fruit snacks in this way, aims to capitalize on consumer demand for “free-from” products—that is, items that are more natural or less processed because they contain no synthetic additives. Thanks to the snacks’ misrepresentation, the filing alleges, the company has profited unfairly at the expense of consumers. 

The suit takes issue with the preservative-free claims featured on each variety of Welch’s Fruit Snacks, including, at least:

• Welch’s Fruit Snacks Mixed Fruit;
• Welch’s Fruit Snacks Summer Fruits;
• Welch’s Fruit Snacks Berries ’n Cherries;
• Welch’s Fruit Snacks Island Fruits;
• Welch’s Fruit Snacks Superfruit Mix;
• Welch’s Fruit Snacks Strawberry;
• Welch’s Fruit Snacks Apple Orchard Medley;
• Welch’s Fruit Snacks Citrus Medley;
• Welch’s Fruit Snacks Fruit Punch;
• Welch’s Fruit Snacks Concord Grape;
• Welch’s Fruit Snacks Reduced Sugar Mixed Fruit; and
• Welch’s Fruit Snacks Reduced Sugar Berries ’n Cherries. 

The lawsuit looks to represent anyone in the United States who purchased any of the products listed on this page within the applicable statute of limitations period. 

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