AriZona class action alleges fruit snacks falsely advertised as containing no preservatives

AriZona fruit snacks class action overview:

• Who: An AriZona Mixed Fruit Snack consumer is suing the company and its parent company, Hornell Brewing Co. 
• Why: The plaintiff says the snacks are falsely advertised as being “preservative free.”
• Where: The AriZona fruit snacks class action was filed in a California federal court.

AriZona Mixed Fruit Snacks are advertised as being “preservative free,” when really they contain citric acid, which the FDA deems a preservative, a new class action lawsuit alleges.

Plaintiff Infinque Jamison filed the class action lawsuit against Arizona Beverages USA LLC and Hornell Brewing Co. Inc. on March 1 in a California federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, the defendants manufacture, sell, and distribute Arizona Mixed Fruit Fruit Snacks using a marketing and advertising campaign focused on claims that appeal to health-conscious consumers, and claims that they don’t contain preservatives.

The products prominently state, “NO PRESERVATIVES” on the front and back, Jamison says.

However, the product contains Citric Acid, a preservative, the lawsuit alleges.

“The FDA classifies and identifies citric acid as a preservative in its Overview of Food Ingredients, Additives, and Colors, on the FDA’s website and provides examples of uses of preservatives like citric acid, including in beverages,” it says.

Citric acid acts as a preservative in the product regardless of the intent for why the defendants added citric acid, including as a flavoring agent, Jamison adds.

Consumers overpaid for product due to false advertising, lawsuit alleges

As a result of their “fraudulent advertising and marketing practices,” the defendants have made millions at the expense of the public, and continue to make millions through the allegedly unlawful practices, Jamison says.

The plaintiff seeks to represent a nationwide class of consumers who bought the products, plus a California class. 

He is suing for violations of California consumer law and unjust enrichment, and seeks damages, fees, costs disgorgement and a jury trial.

Meanwhile, Arizona Beverages USA is facing a class action lawsuit alleging it misled consumers about the healthiness of its Arizona Arnold Palmer Half & Half Iced Tea & Lemonade Lite drink.  

What do you think of the allegations in this AriZona class action lawsuit? 

The plaintiff is represented by Good Gustafson Aumais LLP, Shenaq PC and the Keefton Firm LLC.

The Arizona class action lawsuit is Infinque Jamison et al., v. Arizona Beverages USA LLC et al., Case No. 4:23-cv-00920 in the U.S. District Court for the Northern District of California. 

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