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A class action lawsuit alleging that the makers of Skinnygirl Margarita cocktail mix and reality TV star Bethenny Frankel’s mislabeled the product as “all natural” has been dropped.
Illinois resident and plaintiff Amy Langendorf filed the Skinnygirl all natural class action lawsuit in 2011, alleging that Skinnygirl makers misled consumers into purchasing the beverage because it was labeled “all natural” when it actually contained sodium benzoate, a non-natural preservative.
While U.S. District Judge Manish Shah denied Class certification of the case, Langendorf continued to pursue the all natural lawsuit alleging the only reason she purchased Skinnygirl Margarita mix was because of its “all natural” status.
Langendorf was seeking financial compensation for purchasing the product and she wanted the makers to stop advertising Skinnygirl Margaritas as “containing no preservatives” when sodium benzoate is used as a preservative.
Both parties in the Skinnygirl lawsuit decided that the case should not proceed with court documents showing that each agreed to pay their own legal fees.
Skinnygirl Lawsuit Overview
When Langendorf filed the Skinnygirl all natural class action lawsuit in 2011, it was because the product was removed from Whole Food grocery store shelves with claims from store officials that the margarita mix “contained a preservative that did not meet our quality standards.”
Originally, the plaintiff tried to get the Class certified so it could include other consumers who purchased the cocktail drink because of its “all natural” label. Federal Judge Shah denied the Class certification stating it would be too difficult to identify Class Members.
Plaintiff Langendorf argued that Class Members could be verified through “dates of purchase, the locations of retail establishments, the frequency of purchases” etc. However, Judge Shah found that the plaintiff couldn’t show how this could be done. “For example, plaintiff provides no evidence that any records exists that show who purchased the offending product, when or where.”
Judge Shah ended up denying class action certification for the Skinnygirl all natural class action lawsuit.
‘All Natural’ Food Labels
“All Natural” and “100% Natural” labels seem to be covering more food items than ever before. In fact, market research shows more than 50 percent of Americans actively seek out “all natural” food labels while grocery shopping.
This has resulted in billions of dollars in retail sales as food marketers know a “100% natural” or “all natural” food label is more desirable to health-conscious consumers and shoppers, and they are willing to pay extra for it.
In 2013, there was a reported $40 billion in “all natural” food product sales in the United States alone. However, recent class action lawsuits show many of these all-natural labels actually contain chemical preservatives and artificial ingredients.
The FDA’s policy on what is considered to be a “natural” food product is: “The food does not contain added color, artificial flavors or synthetic substances.”
Companies who use an “all natural” label when the product actually contains chemical and artificial ingredients may be intentionally trying to deceive the consumer into purchasing a more expensive food item.
Consumers who discover that the “all natural” labeled food product contains non-natural ingredients may choose to file all natural class action lawsuits.
Free All-Natural Food Label Class Action Lawsuit Investigation
Did you purchase a food product because the label said it was “Natural,” “All Natural,” “100% Natural” or used a similar term?
Some food products labeled “Natural,” “All Natural,” or “100% Natural” are not, in fact, natural because they contain unnatural ingredients, such as artificial additives, synthetic vitamins, and/or chemical preservatives.
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