A class action lawsuit claims that General Mills falsely advertises its Fruit Roll-Ups as being “Naturally Flavored” and containing “No Artificial Flavors.”
Connie Newman says she purchased Strawberry Sensation Fruit Roll-Ups after seeing the product’s “No Artificial Flavors” and “Naturally Flavored” label.
However, after she purchased the Fruit Roll-Ups, she allegedly discovered that the labeling was false, because the product contains a synthetic flavoring compound.
The Fruit Roll-Up class action lawsuit claims that the synthetic ingredient in Fruit Roll-Ups is a synthetic form of malic acid. Malic acid is a naturally occurring substance that gives products a “tart, fruit-like” flavor. However, it can also be made synthetically.
Newman says that the malic acid in Fruit Roll-Ups is the synthetic kind, stressing that it is manufactured in petrochemical plants from benzene or butane through chemical processes “involving highly toxic chemical precursors and byproducts.” Newman also states that butane and benzene are “components of gasoline and lighter fluid.”
The Fruit Roll-Ups natural flavoring class action lawsuit asserts that General Mills intentionally mislabels its Fruit Roll-Ups as all natural and free of artificial flavors in an attempt to entice customers to purchase the products.
Newman argues that General Mills was aware of the growing market for natural ingredients and foods, and attempted to take advantage of the market by labeling its products as such. Allegedly, consumers are willing to pay a premium for natural products.
The General Mills class action lawsuit says that Newman was financially injured by General Mills’ misrepresentation of their product because had she known that the products were falsely advertised, she would not have purchased them or would not have paid as much for them as she did.
Newman says that many other consumers were financially injured in a similar manner. She seeks damages on behalf of herself and all other allegedly similarly affected consumers, and seeks to hold General Mills accountable for misrepresenting its products.
Newman goes on to say that malic acid is used as a “flavor enhancer,” “flavoring agent,” or a “pH control agent.” She argues that even if General Mills only used malic acid to control pH, the malic acid still affects the flavor of Fruit Roll-Ups, and should therefore be acknowledged as an artificial flavoring present in the product.
The General Mills Fruit Roll-Ups class action lawsuit says that because Fruit Roll-Ups contain an artificial flavoring that “simulates and reinforces the characterizing flavor” of Fruit Roll-Ups, the artificial flavor should be disclosed, per the requirements of the FDA.
Newman is represented by David C. Nelson of Nelson & Nelson Attorneys At Law PC, Mathew H. Armstrong of Armstrong Law Firm LLC, by Joshua H. Eggnatz and Michael J. Pascucci of Eggnatz | Pascucci, and by Alexander J. Korolinsky of The Law Offices of Alexander J. Korolinsky PA.
The Fruit Roll-Ups Artificial Flavoring Class Action Lawsuit is Connie Newman v. General Mills Inc., et al., Case No. 3:19-cv-00890, in the U.S. District Court for the Southern District of Illinois.
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