Abraham Jewett  |  September 23, 2022

Category: Food

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Food class action lawsuits overview: 

  • Who: Consumers filed class action lawsuits this month against food companies including Coca-Cola, Schwan’s, ConAgra and Kellogg. 
  • Why: The complaints revolve around false advertising claims. 
  • Where: The food class actions are nationwide. 

Consumers have been keeping an eye on what is going in their kitchen cupboards and pantries this month with complaints filed against food manufacturers including Coca-Cola, Schwan’s, Kellogg and ConAgra. 

Class action lawsuits against the food companies have generally revolved around claims of false advertising with serving size amounts and ingredients topping the list of complaints from consumers. 

Schwan’s accused of misleading consumers about butter content of Mrs. Smith’s frozen apple pies 

Schwan’s was one food manufacturer accused of false advertising this month with a consumer arguing the company misleads customers about the butter content of its Mrs. Smith’s frozen apple pies. 

The consumer argues that, through statements on the product’s front packaging, Schwan’s falsely represents that butter is the main shortening ingredient for the frozen apple pies when it is actually palm oil.

Further, the consumer claims the amount of butter in the Mrs. Smith’s frozen apple pies is “negligible” and that the product even contains more water, soybean oil and salt. 

Schwan’s is accused of charging a higher price for the Mrs. Smith’s frozen apple pies than it otherwise would be able to if not for its alleged misrepresentations about their overall butter content. 

Coca-Cola faces claims it mislead consumers into believing dragon-fruit Fanta is naturally flavored

Coca-Cola also faced false advertising claims this month by a consumer arguing the company misleads consumers by marketing that its dragon-fruit flavored Fanta is made entirely with all natural flavors. 

The consumer behind the complaint argues Coca-Cola’s dragon-fruit flavored Fanta contains DL-Malic Acid, which they allege is an artificial ingredient used to mimic the flavor of dragon fruit. 

“Unbeknownst to consumers, the ingredient list does not disclose that this malic acid is an artificial ingredient which imparts dragon fruit flavoring to the Product,” the Coca-Cola class action states. 

Coca-Cola is accused of selling the dragon-fruit flavored Fanta at a higher price and volume than it otherwise would be able to if consumers knew the soda allegedly did not actually contain all natural flavors. 

ConAgra accused of false advertising Log Cabin pancake mix, Bigs Chile Limón sunflower seeds

In other food class action news, consumers filed a pair of class action lawsuits against ConAgra this month, meanwhile, over claims revolving around the way it marketed its Log Cabin brand pancake mix and Bigs brand Chile Limón sunflower seeds. 

In the case of the Log Cabin brand pancake mix, a consumer argued ConAgra falsely advertised the product as natural and a good source of fiber. 

The consumer behind the class action lawsuit claims the Log Cabin pancake mix cannot be natural since it contains sodium bicarbonate, also known as baking soda, which they claim is not made in a natural process. 

ConAgra is also accused of falsely advertising that the pancake mix is a good source of fiber with the consumer arguing that the product only contains 1g of fiber per serving and alleging it is not enough to warrant the claim. 

The consumer behind the class action lawsuit revolving around ConAgra’s Chile Limón sunflower seeds, meanwhile, claims the company misleads consumers into believing the product contains no artificial flavors

ConAgra is accused of using pictures of a fresh lime with a chili pepper red background on the label for the product to make consumers believe it is made with and gets its flavor from natural ingredients. 

The consumer argues that, in reality, the product contains the artificial ingredient DL-Malic Acid rather than the naturally occurring L-Malic Acid. 

ConAgra also overcame false advertising claims this month, with a federal judge in Illinois tossing a complaint alleging the company deceived consumers into believing it made its Snack Pack pudding with real milk

The consumer behind the class action lawsuit argued that ConAgra was being deceptive since the Snack Pack pudding products labeled as “Made With Real Milk” actually contained skim milk. 

The judge overseeing the complaint ruled, however, that the consumer had failed to prove that ConAgra had been deceptive or that a reasonable consumer would take a “Made With Real Milk” label as meaning it contained whole milk. 

Kellogg accused of exaggerating amount of whole grains in its Harvest Wheat Toasteds crackers

Kellogg also was hit with a class action lawsuit this month over claims the company falsely implies that its Harvest Wheat Toasteds crackers have a higher total whole grain content than they actually do. 

The consumer behind the class action lawsuit argues Kellogg’s misleads consumers by labeling them “Harvest Wheat” and by packaging them in a dark brown box with pictures of crackers that have pieces of grain visible on them. 

The consumer argues Kellogg’s Harvest Wheat Toasteds crackers contain a “negligible” amount of whole grains when compared to the amount of refined grains the product has. 

Also this month, Kellogg beat separate claims that it misleadingly labeled some of its Morningstar Farms brand meatless products as “veggie,” causing consumers to believe they were mainly or entirely made from vegetables. 

The judge overseeing the complaint ruled that Kellogg used the term “veggie” ambiguously and that it was neither false, misleading or something that would constitute as a misbranding. 

Kashi earns partial dismissal of claims it misrepresents amount of strawberries in its strawberry breakfast bars 

Kashi was another food brand able to score at least a partial dismissal of a class action lawsuit with a federal judge in Illinois trimming several claims from a complaint alleging the company misrepresented the ingredients of its “Ripe Strawberry” Soft Baked Breakfast Bars. 

A consumer behind the food class action lawsuit accused Kashi of misrepresenting the amount of actual strawberries the strawberry breakfast bars contain through allegedly misleading packaging. 

The judge overseeing the complaint dismissed claims of breach of warranty, negligent misrepresentation and common law fraud from the complaint. 

Have you purchased a food product you believe may have been falsely advertised? Let us know in the comments! 


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131 thoughts onConsumers take bite out of food manufacturers in September class actions

  1. VANESSA BENNETT says:

    Add me ALL

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  3. Mr ANDY M.KINSLER OR ANGELA, A.K. says:

    All food

  4. Michelles D Edmonds says:

    Add me to the coca cola i really loved the dragonfruit flavor.. Does that go for the vitamin water as well. I drink thise daily

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