Class action claims Pirate’s Booty snacks falsely advertised as having no artificial preservatives

Pirate’s Booty class action overview: 

• Who: Plaintiffs Lauren Stanzione and Victoria Tyson filed a class action lawsuit against The Hershey Co.
• Why: Stanzione and Tyson claim that Hershey’s Pirate’s Booty snacks contain the preservative citric acid, despite being advertised as having no artificial color or preservatives.
• Where: The Pirate’s Booty class action was filed in federal court in New York.

A pair of consumers filed a class action lawsuit against The Hershey Co. claiming that the company’s Pirate’s Booty snacks contain a preservative, despite the fact that the snacks are advertised as containing no preservatives or artificial coloring.

Packages of Pirate’s Booty contain the claim “No Artificial Colors or Preservatives” on the front while the ingredients on the back include the known preservative citric acid, the Pirate’s Booty class action says.

The U.S. Food and Drug Administration (FDA) lists citric acid as a preservative and recognizes that preservatives are often used in packaged foods like the Pirate’s Booty snacks, the lawsuit says.

“Citric acid acts as an antioxidant via two processes—inhibiting enzymes and chelating metals,” the Pirate’s Booty preservatives lawsuit says. “Certain enzymes naturally exist in food products that oxidize and breakdown the food products’ molecules. Citric acid deactivates these enzymes, thereby functioning as a preservative.”

Citric acid acts as preservative in Pirate’s Booty regardless of intended use

Companies have claimed that citric acid is added to food for flavoring, but that does not change the fact it is a synthetic ingredient that acts as a preservative, the lawsuit claims.

“More than 90 percent of commercially produced citric acid, including the citric acid contained in the Products, is manufactured through a processed derivative of black mold,” the Pirate’s Booty preservatives lawsuit says, “… which can cause allergic reactions and diseases in humans.Negative side effects of consuming manufactured citric acid include: swelling and stiffness resulting in joint pain; muscle pain; stomach pain; and shortness of breath.”

The makers of Pirate’s Booty also faced a 2017 class action lawsuit alleging the products were deceptively packaged and included more than 44.44% empty space.

Have you ever purchased Pirate’s Booty snacks? Let us know in the comments.

The plaintiff is represented by Julian C. Diamond and Alec Leslie of Bursor & Fisher PA and Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC.

The Pirate’s Booty class action lawsuit is Stanzione, et al. v. The Hershey Co., Case No. 1:24-cv-03913, in the U.S. District Court for the Eastern District of New York.

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