SweeTARTS Artificial Flavors Class Action Settlement

Ferrara Candy Company has agreed to remove the “no artificial flavors” phrasing on their SweeTARTS products to settle class action claims that the candies are mislabeled and deceptively represented.

The settlement will benefit individuals who, between Jan. 1, 2012 and Feb. 28, 2019, purchased SweeTARTS Original, SweeTARTS Mini Chewy, SweeTARTS Giant Chewy, SweeTARTS Chews, SweeTARTS Extreme Sour Chewy, SweeTARTS Chewy Sours, SweeTARTS Sour Gummies, SweeTARTS Gummies, SweeTARTS Whipped & Tangy, SweeTARTS Cherry Punch Soft & Chewy Ropes, SweeTARTS Tangy Strawberry Soft & Chewy Ropes, and/or SweeTARTS Jelly Beans.

The SweeTARTS class action lawsuit was filed in April 2018, alleging that Ferrara Candy violated labeling rules by representing their candies as containing no artificial flavoring.

Plaintiff Jessica Littlejohn argued that the candies contain malic acid, a synthetic flavoring that enhances the tart flavor of the candy.

“Because the Products contain artificial flavoring ingredients that simulate and reinforce the characterizing flavor, the front label is required by law to disclose those additional flavors rather than state, as it does, that the Products contain no artificial flavors,” Littlejohn argued in her SweeTARTS class action lawsuit.

Littlejohn claimed that the label representations that SweeTARTS contains “no artificial flavoring” were false and purposefully misled consumers.

The SweeTARTS class action also took issue with the products’ ingredient lists. Malic acid reportedly needs to be listed in its specific form to comply with regulations, which SweeTARTS candy labels allegedly failed to do.

A settlement for the SweeTARTS class action lawsuit was reached at the end of February 2019.

The recently reached settlement will provide injunctive relief rather than monetary compensation. Ferrara Candy has agreed to remove “no artificial flavors” from its SweeTARTS products and specify dl-malic acid in the ingredients list opposed to just malic acid.

The exclusion and objection deadline for this settlement in May 1, 2019. The final approval hearing is scheduled for May 31, 2019.

Who’s Eligible

Individuals who, between Jan. 1, 2012 and Feb. 28, 2019, purchased any of the following products: SweeTARTS Original, SweeTARTS Mini Chewy, SweeTARTS Giant Chewy, SweeTARTS Chews, SweeTARTS Extreme Sour Chewy, SweeTARTS Chewy Sours, SweeTARTS Sour Gummies, SweeTARTS Gummies, SweeTARTS Whipped & Tangy, SweeTARTS Cherry Punch Soft & Chewy Ropes, SweeTARTS Tangy Strawberry Soft & Chewy Ropes, and SweeTARTS Jelly Beans.

Potential Award

Injunctive relief implemented by Dec. 31, 2019, including the modification of SweeTARTS packaging, the removal of the phrase “no artificial flavors,” and the identification of dl-malic acid in the ingredients list.

Proof of Purchase

N/A

FAQs

FREQUENTLY ASKED QUESTIONS »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Exclusion Deadline

6/14/2019   UPDATED

Case Name

Littlejohn v. Ferrara Candy Company, Case No. 3:18-cv-00658-AJB-WVG, in the U.S. District Court for the Southern District of California

Final Hearing

5/31/2019

UPDATE: On June 17, 2019, the SweeTARTS Artificial Flavors Class Action Settlement was granted final approval.  Please note that the settlement provides injunctive relief only.  There is no pay out to class members.

Settlement Website

SweeTARTSClassAction.com

Claims Administrator

Sweetarts Class Action
c/o Classaura Class Action Administration
1718 Peachtree St #1080
Atlanta GA 30309
1–888-857-5936
Contact@SweeTARTSClassAction.com

Class Counsel

Ronald A. Marron
Michael T. Houchin
Tania Babaie
Lilach Halperin
LAW OFFICES OF RONALD A. MARRON

Defense Counsel

Neal A. Potischman
Arif H. Dhilla
Kelley B. Harrington
DAVIS POLK & WARDWELL LLP