Plum Organics Baby, Toddler Food Claims Mislead Parents, Says Class Action

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Plum Organics Class Action Lawsuit Overview: 

• Who: Three consumers lodged a class action lawsuit against Campbell Soup Company and Sun-Maid Growers of California.
• Why: Plaintiffs claim Campbell and Sun-Maid unlawfully label Plum Organics baby and toddler food products to make consumers believe they are healthier.
• Where: The class action lawsuit was brought in California federal court.

Campbell and Sun-Maid unlawfully label and market Plum Organics-brand baby food products that may not be as healthy for toddlers as they imply, a new class action lawsuit alleges. 

Plaintiffs Rafael Paschoal, Lisa Chong, and Adina Ringler claim Campbell and Sun-Maid put misleading nutritional information on packaging to entice consumers who are looking for the healthiest option.

Paschoal, Chong, and Ringler want to represent a nationwide Class of consumers who bought certain Plum Organics baby or toddler food products between May 27, 2017 and the present. These products include various “Super Puff” flavors, items from the brand’s “Mighty” lines, and so-called “Super Smoothies.” 

Plum Organics Touts Nutrients That May Not Be Appropriate for Toddlers

Plaintiffs say they purchased multiple Plum Organics baby and toddler foods after nutrient content claims on the products packaging led them to believe they were healthier than they may have actually been. 

The alleged deceptive and unlawful nutrient content labeling included the various amounts of protein, fiber and omega-3 ALA from chia that the products contained, according to the class action lawsuit. 

There is no evidence that an increase in the nutrients listed on the Plum Organics products packaging is appropriate — or even recommended — for infant consumption, the class action lawsuit alleges. 

The plaintiffs accuse Campbell and Sun-Maid of violating Food, Drug & Cosmetic Act (FDCA). According to the plaintiffs, the FDCA deems label claims to be misleading if they “are technically true, but are likely to deceive consumers.”

“Under the FDCA, if any single representation on the labeling is misleading, the entire food is misbranded, and no other statement in the labeling can cure a misleading statement,” states the class action lawsuit.

Paschoal, Chong, and Ringler allege that in addition to misleading consumers about the health benefits, Campbell and Sun-Maid are violating US Food and Drug Administration regulations which “prohibit certain nutrient content claims on foods intended for children under the age of two.” 

Plaintiffs claim Campbell and Sun-Maid are guilty of unjust enrichment, common law fraud, deceit and/or misrepresentation, and are in violation of California’s Consumers Legal Remedies Act and False Advertising, Business and Professions Codes § 17500 and § 17200. 

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