Albertsons seeks dismissal of class action over ‘all-natural’ cereal bars

Update:

• Albertsons asked a federal judge to throw out a class action lawsuit claiming the company’s Signature Select Fruit & Grain bars are deceptively labeled as naturally flavored when the bars are actually flavored with synthetic ingredients.
• The grocery store chain filed a motion to dismiss the claims July 8 in a California court. It argues its packaging isn’t misleading because nowhere does it state the bars are free from artificial ingredients. 
• Albertsons argues a reasonable consumer wouldn’t think “naturally flavored” meant the product was totally free from artificial ingredients
• Plaintiff Mark Trammell alleges the bars contain DL malic acid, which comes from petrochemicals and is not the same as the L malic acid that naturally occurs in fruit such as apples. 

Albertsons class action overview: 

• Who: Plaintiff Mark Trammell filed a class action lawsuit against Albertsons Companies. 
• Why: Albertsons’ Signature Select Fruit & Grain bars claim to be “naturally flavored” when the bars are flavored with synthetic ingredients.
• Where: The Albertsons cereal bars lawsuit was filed in federal court in California.

(May 22, 2024)

A consumer filed a class action lawsuit against Albertsons claiming the company’s Signature Select Fruit & Grain bars are labeled as “naturally flavored” when the bars are actually flavored with synthetic ingredients.

The bars contain DL malic acid, which comes from petrochemicals, and is not the same as the L malic acid that naturally occurs in fruit such as apples. 

Plaintiff Mark Trammell had the bars tested by Krueger Food Laboratories, Inc. of Chelmsford, Massachusetts, on June 28, 2023, and the testing company determined the synthetic DL malic acid was used in the bars.

“DL malic acid is manufactured in petrochemical plants from benzene or butane – components of gasoline and lighter fluid, respectively – through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts,” the Albertsons cereal bars lawsuit says.

Companies manipulate artificial ingredients to create fruit flavors, lawsuit says

The flavors of blueberry and strawberry are created by the ratio between the glucose and fructose sugars in fruit and acids, such as citric and malic acid. Companies are able to simulate the flavor by adjusting the ratio of those ingredients without using an actual blueberry or strawberry, the Albertsons class action says.

“If a food product’s characterizing flavor is not created exclusively by the named flavor ingredient, the product’s front label must state that the product’s flavor was simulated or reinforced with either natural or artificial flavorings or both,” the lawsuit says.

The bars, however, do not display that labeling and only say the bars are “naturally flavored.” The products don’t include any of the required disclosures or labels, the lawsuit says.

A March Food Lion class action alleges the grocer falsely advertises its Blueberry Fruit & Grain Cereal Bars as naturally flavored when they are primarily produced with artificial flavoring.

Have you purchased Albertsons’ Fruit & Grain Cereal Bars? Let us know in the comments.

The plaintiff is represented by Charles C. Weller of Charles C. Weller APC.

The Albertsons class action lawsuit is Trammell v. Albertsons Companies Inc., Case No.  3:24-cv-00862-AJB-AHG, in the U.S. District Court for the Southern District of California.

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