Paul Tassin  |  June 30, 2015

Category: Consumer News

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all-natural-stampAs demand for natural foods continues, food companies have an incentive to push the boundaries of what does or does not constitute “natural foods.”

Those who push the boundaries too far risk being on the receiving end of all natural class action lawsuits.

In May, Abbott Laboratories found itself on the receiving end of a natural food labeling class action lawsuit over its Similac Advance Organic Infant Formula. The plaintiffs allege that formula contains 26 ingredients that are not allowed in organic products and that some of those ingredients are allegedly “irradiated substances, synthetic compounds, or produced from hazardous substances.”

The class action lawsuit lists several of these ingredients, some of which are not permitted by the FDA in foods labeled “organic.”

Plaintiffs say that labeling formula with such ingredients as “organic,” Abbott Laboratories is engaging in “false, deceptive, and misleading” practices. They say they relied on Abbott’s representations and would not have bought the formula had they been properly informed about the ingredients.

They allege that Abbott Laboratories has violated several laws including California’s Organic Products Act, Unfair Competition Law, and Consumers Legal Remedies Act.

This natural food labeling class action lawsuit is pending in the U.S. District Court for the Eastern District of New York under case no. 1:15-cv-2837. The plaintiffs are represented by Finkelstein, Blankinship, Frei-Pearson & Garber, LLP of White Plains, N.Y.; The Golan Firm of Houston; and The Richman Law Group of Brooklyn, N.Y.

In September 2014, the Coca-Cola Company settled an all natural class action lawsuit over its Glaceau Vitaminwater. Four separate class action lawsuits from other jurisdictions were consolidated into a single class action lawsuit in the U.S. District Court for the Southern District of Ohio.

The plaintiffs in that case claimed that the marketing for Vitaminwater gave them the impression the product offered certain health benefits beyond what they could actually provide. Coca-Cola’s Vitaminwater marketing included phrases like “vitamins + water = all you need” and “this combination of zinc and fortifying vitamins can . . . keep you healthy as a horse.” The marketing also made representations that Vitaminwater could promote physical exertion and metabolism of nutrients.

As part of the settlement, Coca-Cola agreed to stop using this advertising copy. The company also agreed to display the drink’s calorie count on the main display panel of the product label.

The settlement required Coca-Cola to pay $1.2 million in plaintiffs’ attorney fees. It did not require Coca-Cola to admit any wrongdoing.

General Mills also faced an all natural class action lawsuit, which settled in November 2014. Plaintiffs in that case alleged that General Mills had mislabeled its Nature Valley granola bars, crispy squares and trail mix bars as “100% Natural” when those products contained ingredients including maltodextrin, high fructose corn syrup, and high maltose corn syrup, which must be synthesized by applying acids or enzymes to corn starch. The terms of the settlement agreement required General Mills to change its “100% Natural” labeling to read “made with 100% natural oats.”

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.

Free Investigation

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