CVS falsely advertises pretzel twists as containing yogurt; class action claims

CVS class action lawsuit overview:

• Who: Plaintiff Lisa Spiegel-Grim filed a class action lawsuit against CVS Pharmacy Inc.
• Why: CVS pretzel twists are allegedly falsely advertised as containing yogurt despite not containing active cultures.
• Where: The CVS pretzel twists class action lawsuit was filed in New York federal court.

A CVS class action lawsuit alleges the pharmacy chain falsely advertises its Gold Emblem Yogurt Pretzel Twists as a healthy snack that contains yogurt.

Plaintiff Lisa Spiegel-Grim says the name of the product together with the image of yogurt-covered pretzels on the package of the CVS pretzel twists leads consumers to believe they are truly yogurt-covered pretzels with health benefits.

The CVS class action lawsuit alleges that the ingredients list tells another story. It includes “yogurt coating,” which contains unhealthy ingredients such as hydrogenated palm kernel oil.

“Notably, the ingredient list does not include active bacterial cultures, a necessary component of yogurt,” Spiegel-Grim says.

“Essentially, in a visual and semantic sleight of hand, [CVS] substitutes an unhealthy ultra-processed candy-like coating for a healthy product (yogurt).”

She points to the CVS website’s marketing of Gold Emblems products as “healthy snacks” which supports the allegedly false claim that CVS pretzel twists are coated in yogurt.

CVS pretzel twists label misleads consumers, plaintiff says

Ultra-processed foods like hydrogenated palm kernel oil have been linked to a number of adverse health effects, such as cardiovascular disease, mental health disorders, obesity, diabetes, sleep problems and an increased risk for premature death, the CVS class action lawsuit alleges.

Spiegel-Grim alleges that health-conscious consumers increasingly seek to avoid highly processed foods and are persuaded by the labels of products that purport to be healthy. 

The CVS class action lawsuit states that the Food, Drug, and Cosmetics Act requires companies marketing “yogurt” products to disclose when dairy ingredients are treated after culturing to remove microorganisms by including the phrase “does not contain live and active cultures” on the product label.

Spiegel-Grim says CVS failed to include this disclosure. She alleges this leads consumers to falsely believe the product contains yogurt with live and active cultures instead of a highly processed candy coating.

She filed the CVS class action lawsuit on behalf of herself and other consumers who purchased the CVS pretzel twists allegedly falsely advertised as containing yogurt in the state of New York.

Another recent CVS class action lawsuit alleges that a third party unlawfully tracks website users’ activity and captures prescription and other personally identifiable information.

What do you think about the claim CVS pretzel twists are falsely advertised as yogurt-coated? Join the discussion in the comments.

Spiegel-Grim is represented by James R. Denlea, Jeffrey I. Carton and Catherine H. Friesen of Denlea & Carton LLP.

The CVS pretzel twists class action lawsuit is Lisa Spiegel-Grim v. CVS Pharmacy Inc., Case No. 24-cv-4860, in the U.S. District Court for the Eastern District of New York.

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