Dole Whip falsely advertised as containing no artificial ingredients, class action claims

Dole Whip class action overview:

• Who: A Dole customer, plaintiff Julian Aguilar, is suing the company.
• Why: The plaintiff says Dole advertises its Dole Whip products as being free of artificial ingredients, when they allegedly contain synthetic additives.
• Where: The Dole Whip class action lawsuit was filed in a California federal court.

Dole has been hit with a lawsuit alleging it falsely advertised Dole Whip products as containing no artificial ingredients.

Plaintiff Julian Aguilar filed the class action complaint Oct. 30 against Dole Food Co. in a California federal court, alleging violations of state and federal consumer laws. 

The lawsuit claims Dole has been falsely advertising its popular Dole Whip products as containing “no artificial ingredients,” despite allegedly including synthetic additives.

Aguilar alleges that Dole’s marketing misleads consumers who expect the products to be all-natural based on the packaging.

Ingredient list shows use of artificials and preservatives, lawsuit alleges

Dole Whip flavors such as pineapple, mango, and strawberry prominently state they contain “real fruit” and no artificial additives, the Dole Whip lawsuit says.

However, Aguilar claims the ingredient list tells a different story, showing synthetic citric acid and xanthan gum — ingredients commonly used in commercial products as preservatives and stabilizers. 

Aguilar alleges he and other consumers relied on Dole’s natural labeling but suffered economic harm as they purchased products they otherwise would have avoided.

Aguilar’s complaint details how Dole’s citric acid is not fruit-based but instead produced through a fermentation process involving modified black mold (Aspergillus niger), which he claims could pose health risks, including joint pain and respiratory symptoms. 

Xanthan gum, a thickener frequently used in processed foods, is also described as synthetic and inconsistent with Dole’s claim of “no artificial ingredients,” further misleading consumers, Aguilar alleges. 

As a result, he is looking to represent a nationwide class of consumers who bought Dole Whip products. 

He is suing for violations of California’s Consumer Legal Remedies Act, the Unfair Competition Law and breach of express warranty and is seeking certification of the class action, damages, fees, costs and a jury trial, as well as an order that forces Dole to run a corrective advertising campaign.

In April, Dole Packaged Foods was hit with a class action lawsuit alleging it markets certain packaged Dole fruit snacks — including parfaits, gels and juice products — as being healthy, despite allegedly containing an unhealthy amount of sugar. 

What do you think of the allegations in this Dole Whip lawsuit? Let us know in the comments.

Aguilar is represented by Craig W. Straub, Michael T. Houchin and Kurt D. Kessler of Crosner Legal PC. 

The Dole Whip class action is Julian Aguilar v. Dole Food Co. Inc., Case No. 5:24-cv-02305, in the U.S. District Court for the Central District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• Consumers hit waffle maker with class action following recall
• International Delight recall affects Home Alone Zero Sugar Peppermint Mocha creamer
• Capri-Sun class action claims beverages falsely advertised as containing all-natural ingredients
• Recall initiated for smoked salmon sold at Costco due to listeria contamination