Albertsons ends deceptive marketing class action over cereal bars with private settlement

Albertsons class action lawsuit overview:

• Who: Albertsons and plaintiff Mark Trammell have reached an agreement to end a proposed class action lawsuit.
• Why: Trammell alleged the grocery chain’s Signature Select Fruit & Grain cereal bars were deceptively labeled “naturally flavored.”
• Where: The Albertsons class action lawsuit was filed in California federal court.

Albertsons has reached a settlement to end a class action lawsuit alleging its Signature Select Fruit & Grain cereal bars were deceptively labeled “naturally flavored” while containing an artificial ingredient derived from petroleum.

The grocery chain filed a joint stipulation for voluntary dismissal on June 20 in California federal court. Plaintiff Mark Trammell’s individual claims were dropped with prejudice, while class claims were dismissed without prejudice, according to the stipulation.

Judge Anthony J. Battaglia approved the stipulation on June 23, ordering the case closed and all pending motions terminated.

Trammell filed the class action against Albertsons in May 2024, claiming the grocery chain’s Signature Select Fruit & Grain cereal bars were deceptively labeled “naturally flavored” while containing an artificial ingredient derived from petroleum.

The plaintiff claimed Albertsons used synthetic DL malic acid, derived from petrochemicals like benzene or butane, to flavor the blueberry and strawberry cereal bars instead of the more expensive natural L malic acid found in fruit.

Albertsons used synthetic ingredients in cereal bars, plaintiff claimed

Trammell claimed he commissioned lab testing that confirmed the presence of the artificial ingredients in the cereal bars.

“Consumers pay a premium for ‘clean label’ foods free of artificial ingredients and were economically harmed by Albertsons’ alleged mislabeling,” Trammell argued, as reported by Law360.

Albertsons, however, countered that a reasonable consumer would not think “naturally flavored” meant the product was totally free from artificial ingredients.

In 2024, Schweppes and Canada Dry ginger ales were hit with the same class action allegations that they used DL malic acid while claiming the drinks to be “naturally flavored.”

What do you think about the claims against Signature Select Fruit & Grain cereal bars and the case dismissal? Let us know in the comments.

Trammell is represented by Charles C. Weller of Charles C. Weller APC.

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

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