Chobani Class Action Lawsuit Says Yogurt Is Mislabeled

The vanilla content of Chobani Greek Yogurt is misrepresented, according to a class action lawsuit that alleges consumers pay more for the product as a result.

Lead plaintiff Elena Nacarino says Chobani Inc. falsely advertises its vanilla-flavored yogurt by including “the unqualified, prominent, and conspicuous representation of ‘Vanilla’” on the product’s packaging, as well as pictures of the vanilla flower and bean.

The plaintiff says that, contrary to Chobani’s representations, the yogurt is not solely flavored with the vanilla bean. Instead, the manufacturer “spikes” the vanilla flavor with “other inferior flavoring.”

Nacarino claims that she was in search of vanilla yogurt that was flavored using only the bean. She says she relied on representations on Chobani’s yogurt when making her purchase. However, these representations allegedly turned out to be false.

“Unfortunately for consumers, the Vanilla Representations on the Product is false and misleading,” the class action lawsuit states. “Specifically, scientific testing of the Product revealed that the vanilla flavoring of the Products does not come exclusively from the vanilla bean.”

According to the complaint, the yogurt cup also includes the following statement: “Carried from some far-off, exotic place, where a little flower became a little bean. And that little bean, suspended and unremarkable, the cloak that conceals the magic within. Flavor like perfume, folded up in earthen envelopes, rich and warm and wonderful. Entirely vanilla, gently opening like the blossom that began it all.”

The plaintiff alleges that she and other consumers relied on these poetic representations of the vanilla bean when purchasing the vanilla flavor of Chobani Greek Yogurt.

Nacarino says had she and others known the product’s vanilla flavor was not exclusively derived from the vanilla bean, they would not have purchased it or paid as much for it.

“Consumers want the vanilla in vanilla flavored products to come from a real source, i.e., from vanilla beans from the vanilla plant,” the class action lawsuit states. “Unfortunately, vanilla fraud is rampant. As in this case, companies adulterate their purported vanilla flavored products with cheap synthetics and/or substitutes in order to reap even larger corporate profits from consumers.”

Chobani vanilla yogurt includes synthetic vanilla flavoring called vanillin, the complaint contends. Products that include vanillin should not be represented as flavored with real vanilla under Food and Drug Administration (FDA) rules, the plaintiff argues.

“In order to combat this vanilla fraud, the FDA has strict rules regarding use of the term ‘Vanilla’ on the labels of food products,” the class action lawsuit points out. “If the vanilla flavor comes in any part from non-vanilla bean sources, the FDA mandates that the label must so inform consumers.”

Nacarino says Chobani fails to properly inform consumers that its product contains synthetic vanilla flavoring.

Further, Chobani’s allegedly false marketing is not an accident, the class action lawsuit asserts.

“The Product costs more per ounce at stores compared to other similar vanilla-flavored yogurt products that lack the Vanilla Representations,” points out the complaint, “By engaging in its misleading and deceptive labelling, Defendant reaped and continues to reap increased sales and profits.”

The plaintiff seeks to represent Californians who purchased vanilla-flavored Chobani yogurt since Oct. 23, 2016. The plaintiff is seeking compensatory and punitive damages, restitution and disgorgement of profits and a court order requiring Chobani to change the marketing of its vanilla yogurt.

Have you purchased Chobani Greek Yogurt? What do you think of the class action lawsuit claims? Tell us in the comment section below.

The lead plaintiff and proposed Class Members are represented by Michael R. Reese, George V. Granade and Sue J. Nam of Reese LLP, and Spencer Sheehan of Sheehan & Associates PC.

The Chobani Greek Yogurt False Advertising Class Action Lawsuit is Nacarino v. Chobani LLC., Case No. 3:20-cv-07437-TSH, in the U.S. District Court for the Northern District of California.

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