Kroger Fruity Sparkling Water Isn’t Flavored With Fruit, Class Action Lawsuit Claims

Kroger fruit-flavored sparkling water products aren’t actually flavored with fruit, but instead with a chemical manufactured in a petrochemical factory, a new nationwide class action alleges.

In a class action filed Thursday in a California federal court, Plaintiff Michael C. Gammino alleges Kroger Co. hides the fact that its fruit-flavored sparkling-water beverage products contain synthetic flavoring.

Kroger labels and advertises the drinks by fruit names, for example “Black Cherry,” “Strawberry,” and “Peach,” Gammino says.

However, all of the products contain artificial flavoring chemicals that only simulate the advertised fruit flavors, “but [Kroger Co.] conceals this fact from consumers,” the class action alleges.

“By operation of federal and state law, all of the product labels are fraudulent and all of the products are misbranded and unlawful to sell in the United States,” it says.

The actual source of the flavor is a synthetic chemical flavoring ingredient identified in the product ingredient list as “malic acid”, the class action claims.

Malic acid is a synthetic chemical manufactured in a petrochemical factory from petroleum feedstocks.

Gammino says he has bought the drinks multiple times annually since 2015 at various locations in California, most recently in February this year, for around $0.89. However, he alleges he shouldn’t have paid that much. 

Other competing manufacturers that offer products with labels that suggest their products are naturally flavored are truly made only with natural ingredients, he says.

“Defendant, however, conceals the use of artificial flavoring, deceiving consumers, illegally cutting costs and increasing profits, and competing unfairly and unlawfully in the marketplace, hurting their competitors and the marketplace as well as consumers.”

Gammino is suing for violation of Ohio and California consumer protection, unfair competition, and false advertising laws and statutes, and for common- law warranty and consumer protection violations. 

He’s seeking to represent a nationwide Class of people who purchased the beverage nationwide since Jan. 1, 2015, plus a California subclass.

Gammino is seeking an order forcing Kroger to stop packaging its products in ways that allegedly violate the law, plus awards of restitution, damages, costs, expenses, and attorney fees for the Class.

Meanwhile, Kroger is also facing class action from its employees, who allege its “woefully inadequate” management of employee data and response to a data hack has left employees at risk of fraud. 

Have you bought Kroger fruit-flavored sparkling water thinking it was flavored with real fruit? Let us know in the comments! 

The plaintiff is represented by Ronald A. Marron of the The Law Offices Of Ronald A. Marron and David Elliot of Elliot Law Office, PC.

The Kroger Co. Flavoring Class Action Lawsuit is Michael C. Gammino at al., v. The Kroger Company, Case No. 5:21-cv-02933 in the U.S. District Court for the Northern District of California.

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