Shop-Rite Class Action Says Soy Milk Doesn’t Contain Vanilla

A class action lawsuit has been filed against Shop-Rite Supermarkets by a consumer who claims their Wholesome Pantry soy milk does not contain vanilla, despite its marketing.

Plaintiff Sean Twohig says the statements on the label of the soy milk products include “Organic,” “Soymilk,” “Enriched with Vitamins A, D, and Calcium,” and “Vanilla,” but the product does not contain actual vanilla.

The plaintiff states that these representations are misleading because the flavor of the product is not supplied exclusively by vanilla beans.

There has been a proliferation of non-dairy milk added to the marketplace in past years due to numerous reasons; such as health, environmental, ethical and dietary reasons, according to the Shop-Rite class action lawsuit.

Two types of non-dairy milk alternatives are derived from soybeans and almonds, the plaintiff claims. According to Twohig, these types of products are mixed with flavorings, such as vanilla or chocolate, and come in sweetened and unsweetened varieties.

The plaintiff claims that Shop-Rite is engaging in “Food Fraud,” whose goal is to give customers of products “less than what they bargained for.”

“The efforts at imitating vanilla offers a lens to the types of food fraud regularly employed across the spectrum of valuable commodities in today’s interconnected world,” the Shop-Rite class action lawsuit claims.

The class action lawsuit also states that vanillin is the most commonly used food that company’s use to replace vanilla in their products. The plaintiff calls vanillin the steroid equivalent for vanilla flavor.

Only one to two percent of vanillin commercially made today is obtained from the vanilla plant, which means almost all vanillin manufactured does not have any connection to the vanilla bean.

“Since vanilla is the only flavor with its own standard of identity, its labeling is controlled not by the general flavor regulations but by the standards for vanilla ingredients,” claims the Shop-Rite class action lawsuit.

The plaintiff says that recently, vanillins have been appearing to be a “natural flavor” however, “natural vanillin” is not a “natural vanilla flavor” because it does not come from vanilla beans, and instead comes from petrochemicals or tree pulp.

In addition, the class action states that when vanilla is not available, companies must buy “vanilla-like” flavorings, which is made with advanced technology and synthetic biology.

“Where a food makes any representations as to its primary flavor, it must be designated in a way which is truthful and not misleading based on various factors,” says the Shop-Rite class action lawsuit.

The Shop-Rite class action lawsuit states that the defendant’s packaging and branding are made to deceive, mislead and defraud customers.

In addition, this deceptive labeling and packaging has allowed the defendant to sell more of the products at higher prices per unit, which results in additional profits at the expense of consumers, according to the plaintiff.

Have you purchased Shop-Rite’s Wholesome Pantry soy milk beverages? If so, leave a message in the comment section below.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.

The Shop-Rite Vanilla Soy Milk Class Action Lawsuit is Sean Twohig v. Shop-Rite Supermarkets Inc., Case No. 7:20-cv-00763, in the U.S. District Court for the Southern District of New York. 

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