Legal Investigation Looks into Potentially False ‘No Preservative’ Claims
Last Updated on April 10, 2024
At A Glance
- This Alert Affects:
- New York residents who purchased any of the products listed on this page within the past three years.
- What’s Going On?
- Attorneys working with ClassAction.org have reason to believe that certain foods, beverages and personal care items may contain artificial preservatives despite being labeled as preservative-free. They’re now looking into whether class action lawsuits can be filed against the manufacturers over possible false advertising.
- What Products Are Under Investigation?
- Certain Wise Snacks; certain Simple Truth Organic bars and fruit spreads; certain Hero fruit spreads; Great Value Three Cheese Shells and Cheese; Hendrickson’s Classic Italian Salad Dressing; Electrolit drinks; Nestle Nestum Infant Cereal; and CVS Health Moisturizing Eyelid Spray. The full list of products can be found below.
- How Could a Lawsuit Help?
- Class action lawsuits could help consumers get back some of the money they spent on their purchases and potentially force the companies to change how their products are advertised.
- What You Can Do
- If you’re from New York and you’ve bought any of the products listed below within the past three years, fill out the form on this page to help the investigation.
Attorneys working with ClassAction.org are investigating whether certain food, beverage and personal care products may be falsely advertised as containing “No Preservatives” – and whether class action lawsuits can be filed on behalf of buyers.
Specifically, the attorneys believe the products may be mislabeled because they contain citric acid, ascorbic acid or disodium EDTA—ingredients classified as preservatives by the U.S. Food and Drug Administration (FDA).
However, before they can even consider taking legal action, the attorneys need to speak with people who purchased the following products. Click on the brand name to reveal the specific items under investigation.
▸ Wise Snacks
- Air Popped White Cheddar Popcorn
- BBQ Potato Chips
▸ Simple Truth Organic
- Concord Grape Fruit Spread
- Four Fruit Fruit Spread
- Raspberry Fruit Spread
- Strawberry Fruit and Grain Bars
- Strawberry Fruit Spread
▸ Hero
- Apricot Fruit Spread
- Black Cherry Fruit Spread
- Black Currant Fruit Spread
- Blackberry Fruit Spread
- Blueberry Fruit Spread
- Red Raspberry Fruit Spread
- Strawberry Fruit Spread
▸ Great Value
- Three Cheese Shells and Cheese
▸ Hendrickon's
- Classic Italian Salad Dressing
▸ Electrolit
- Electrolyte Beverages
- Zero Electrolyte Beverages
▸ Nestle Nestum
- Infant Cereal
▸ CVS Health
- Moisturizing Eyelid Spray
If you’re a New York resident who bought any of these products within the past three years, fill out the form on this page. You may be able to help get a class action lawsuit started.
What Are These Ingredients, Exactly?
Although citric acid can be found naturally in citrus fruits, commercially produced food and beverage products almost exclusively use a synthetic version of the ingredient. Most of the products listed above likely contain manufactured citric acid, which is derived from a type of black mold called Aspergillus niger through fermentation and chemical processing.
Nestle Nestum Infant Cereal is made with ascorbic acid, more commonly known as vitamin C.
Like citric acid, ascorbic acid can be obtained in natural and synthetic forms.
According to the FDA, citric acid and ascorbic acid are preservatives that keep foods fresh by slowing or preventing the growth of bacteria, mold, fungus and yeast. They can also help extend the shelf-life of a food product by maintaining its color, flavor and texture.
Another additive recognized as a preservative by the FDA is EDTA, a salt form of which is found in CVS Health Moisturizing Eyelid Spray. Specifically, disodium EDTA is used to preserve eye care products by preventing bacteria and fungi contamination.
It’s true that these ingredients can serve other purposes besides acting as preservatives. For example, sour-tasting citric acid is used as a flavoring agent in food products. However, the attorneys believe that the additives may still function as preservatives within the items at issue regardless of whether they are added for a separate purpose.
Class Action Lawsuits: How They Can Help
If successful, a class action lawsuit could help customers get back money they spent on products advertised as preservative-free. Lawsuits could also force the companies to relabel their products and change any claims found to be false.
Are you a New Yorker who has bought one of the abovementioned products within the past three years? Help the investigation by filling out the form on this page.
After you get in touch, an attorney or legal representative may reach out to you directly to ask you some questions and explain how you may be able to help start a class action lawsuit. It costs nothing to get in touch, and you’re not obligated to take legal action if you don’t want to.
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