Judge dismisses Dole class action over fruit snack false advertising

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Update: 

• A federal judge in California dismissed a Dole class action claiming the company falsely labeled its fruit snacks as nutritious and healthy even though they contained an unhealthy amount of sugar.
• U.S. District Judge Haywood S. Gilliam Jr. called the challenged statements “puffery” and ruled they would not deceive reasonable consumers. 
• Judge Gilliam also determined the consumers behind the Dole class action failed to show a “real and immediate threat” of repeated injury and thus lacked standing for injunctive relief. 
• The consumers argue some Dole fruit snacks contain at least 29% — and up to 96% — of their calories from free or added sugar despite being marketed as healthy. 
• The class action lawsuit is dismissed with leave to amend. 

Dole fruit snacks class action lawsuit overview: 

• Who: Shamea Broussard and Michael Schirano filed a class action lawsuit against Dole Packaged Foods LLC. 
• Why: Broussard and Schirano claim Dole deceptively markets some of its packaged snacks as healthy, despite the products allegedly containing an unhealthy amount of sugar. 
• Where: The class action lawsuit was filed in California federal court. 

(July 10, 2023)

Dole Packaged Foods markets certain packaged Dole fruit snacks — including parfaits, gels and juice products — as being healthy, despite allegedly containing an unhealthy amount of sugar, a new class action lawsuit alleges. 

Plaintiff Shamea Broussard and Michael Schirano claim that, despite marketing its snacks as healthy, Dole manufactures them with at least 29% — and up to 96% — of their calories from added or free sugar. 

“Because loading these products with FA Sugar and marketing them as good for you is directly contrary to the science, Dole’s claims are false or at least highly misleading,” the Dole class action states. 

Broussard and Schirano want to represent a nationwide class and California and New York subclasses of consumers who have purchased certain Dole snack products in the past four years. 

Company ‘regular and intentionally’ omits information about the sugar in Dole fruit snacks, class action says

Broussard and Schirano claim Dole “regularly and intentionally” omits material information about “the countervailing detrimental effects of the FA Sugars on overall health,” despite having a duty to do so. 

“Dole is … under a duty to disclose this information because its deceptive omissions concern human health and safety, specifically the detrimental health consequences of consuming the Products,” the Dole class action states. 

The plaintiffs in the Dole fruit snacks class action claim Dole is guilty of unjust enrichment, intentional misrepresentation and negligent misrepresentation, and of violating state laws in New York and California. 

The plaintiffs in the Dole class action are demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory, statutory and punitive damages for themselves and all class members. 

Dole made headlines in March after confirming in its annual report filing with the U.S. Securities and Exchange Commission that it had suffered a data breach in February. 

Have you purchased a Dole snack product? Let us know in the comments.

The plaintiffs are represented by Jack Fitzgerald, Paul K. Joseph, Melanie Persinger, Trevor M. Flynn and Caroline S. Emhardt of Fitzgerald Joseph LLP. 

The Dole fruit snacks class action lawsuit is Broussard, et al. v. Dole Packaged Foods LLC, Case No. 3:23-cv-03320, in the U.S. District Court for the Northern District of California.

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