Dole Class Action Says ‘Healthy’ Products Contain Excessive Sugar

Dole Packaged Foods is being sued by a California consumer who says that the food company misrepresents health and wellness claims of its products, which actually contain excessive amounts of sugar.

Dole Packaged Foods is a subsidiary of Dole Food Company, the largest producer of fruits and vegetables in the world, operating with over 74,000 full-time and seasonal employees who are responsible for more than 300 products in 90 countries.

The company markets and sells a variety of packaged foods and snack products with the Dole brand label, including DPF Fruit & Oatmeal, DPF Parfait, DPF Mixations that are represented to the public to be “healthy.”

Plaintiff Alfredo Ramirez says he purchased Dole’s Fruit & Oatmeal, Parfait, and Mixations on a number of occasions, relying on Dole’s health-related statements and representation to make these purchases.

However, Ramirez claims he was duped by label phrases such as “It’s a healthy, satisfying breakfast you can enjoy anywhere,” “real fruit,” “No Trans Fat,” and “No Cholesterol” since the products reportedly contain substantial quantities of harmful sugars.

Due to the excessive sugar content in these food items, the “[p]roducts greatly increase the risks of heart disease, diabetes, liver disease, and other diseases,” the lawsuit says.

For example, the lawsuit states that DPF Fruit & Oatmeal (Blueberries & Cream flavored) is sweetened with sugar and contains 170 calories and 16.3 grams of sugar per serving. Thus, one 92 gram serving contains 17.4 percent sugar by weight, accounting for 35.2 percent of the product’s calories.

At this calculation of sugar, the product provided 45.2 percent of the American Heart Association’s recommendation for men’s daily sugar intake of 36 grams and 67.9 percent of women’s recommended daily intake of 24 grams.

Ramirez says that he would continue to purchase the Dole Packaged Food products if he could be assured that any health and wellness labeling on the products complied with the law and were “truthful, honest, accurate, and not misleading.”

The proposed class action lawsuit is brought on multiple counts including violation of the Consumers Legal Remedies Act which expressly prohibits “advertising goods or services with intent not to sell them as advertised,” breach of express warranty, fraud, and negligent representation, among others.

Ramirez seeks to represent a nationwide Class of consumers who purchased the Dole products for personal use and not for resale during the time period of four years from the date of this complaint as well as a California subclass.

He is asking for an injunctive relief, compensatory, and punitive damages, as well as an order of restitution an all other forms of equitable monetary relief.

This is not the first time Dole has faced legal action over alleged health and wellness claims of their packaged products. A similar class action lawsuit filed in October, also in California federal court, alleges Dole deceptively markets certain packaged products, including Dole Fruit & Oatmeal.

The plaintiff in this lawsuit, Salvador Amaya, says that Dole uses misleading phrases on its labels to entice customers to purchase their products, when in fact the products actually contain excessive amounts of sugar.

Ramirez is represented by Reuben D. Nathan of Nathan & Associates APC and Ross Cornell of the Law Offices of Ross Cornell APC.

The Dole Packaged Foods Excessive Sugar Content Class Action Lawsuit is Ramirez v. Dole Packaged Foods LLC, et al., Case No. 8:16-cv-2260, in the U.S. District Court for the Central District of California.