Gerber class action alleges yogurt, fruit, veggie melts falsely advertised as containing no preservatives

Gerber class action lawsuit overview:

• Who: Plaintiffs Carrie Smith and Amanda Jones filed a class action lawsuit against Gerber Products Company.
• Why: Gerber allegedly falsely advertises its Gerber Melts products as being preservative-free even though they contain well-known preservatives.
• Where: The Gerber class action lawsuit was filed in New York federal court.

Gerber Melts products are falsely advertised as containing “no preservatives” even though they contain three preservatives that are commonly used in food products, according to a class action lawsuit filed Nov. 7 against Gerber Products Co.

Plaintiffs Carrie Smith and Amanda Jones say they purchased Gerber Melts yogurt products on several occasions. They claim they relied on Gerber’s representations that the products contained “no preservatives” and believed the products did not contain any preservatives.

However, the Gerber Melts products allegedly contain well-known preservatives including citric acid, ascorbic acid and/or sodium ascorbate. The plaintiffs note that the preservatives are in the ingredients list. 

Even though these ingredients may also provide health benefits such as vitamins and antioxidants, their intended purpose in the Gerber Melts is irrelevant because they are known preservatives, the plaintiffs say.

Smith and Jones say they would not have paid as much for the Gerber Melts, or would not have purchased them at all, if they had known they contained preservatives.

Gerber ‘no preservatives’ representations intended to entice consumers, plaintiffs say

Smith and Jones claim Gerber has capitalized on consumers’ growing demand for preservative-free foods by including a misleading Gerber ‘no preservatives’ statement on the back label of the products.

“Defendant has profited unjustly as a result of its deceptive conduct,” the Gerber class action lawsuit asserts.

The falsely advertised Gerber Melt products allegedly include all variations and flavors of Gerber Yogurt Melts and Gerber Fruit & Veggie Melts. Specifically, the Gerber class action lawsuit names the following products as containing citric acid, ascorbic acid and/or sodium ascorbate:

• Strawberry Yogurt Melts
• Very Berry Blend Fruit & Veggie Melts
• Truly Tropical Blend Fruit & Veggie Melts
• Mixed Berries Yogurt Melts
• Banana Vanilla Yogurt Melts
• Peach Yogurt Melts

Smith and Jones seek to represent themselves and a proposed class of consumers nationwide who purchased the allegedly falsely advertised Gerber Melts products.

The Gerber no preservatives lawsuit asserts claims for violations of New York’s General Business Law, breach of express warranty and unjust enrichment.

An Illinois federal judge recently dismissed a Gerber class action lawsuit alleging it falsely advertises its Good Start Grow formula as nutritionally appropriate for toddlers even though it contains added sugar and less protein than cow’s milk.

Do you think the Gerber no preservatives claims are deceptive? Tell us your thoughts in the comments.

Smith and Jones are represented by Alec Leslie and Julian C. Diamond of Bursor & Fisher PA and by Nick Suciu III, Erin J. Ruben and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC.

The Gerber no preservatives class action lawsuit is Carrie Smith, et al. v. Gerber Products Co., Case No. 7:23-cv-09834, in the U.S. District Court for the Southern District of New York.

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