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A class action lawsuit accuses Mars Wrigley of misrepresenting its Dove Real Mixed Berries as being just chocolate and fruit.
Lead plaintiff, Richard Lyons, says the company is duping consumers into spending more for the Dove Real Mixed Berries than they would have had they known the product contained more ingredients than what was portrayed on the package.
“In the context of chocolate-covered fruit, the ‘made with real fruit’ statement and pictures of the fruit causes consumers to expect fruit ingredients that are not modified by sugar, citric acid, natural flavor and ascorbic acid,” contends the complaint. According to the Dove Real Mixed Berries class action lawsuit, the front of the package displays a picture of a strawberry, blueberry, and cranberry, along with a pool of melted chocolate. In addition, the front of the product states only “Real Mixed Berries,” “Dipped in silky smooth dark chocolate,” and “Made with REAL FRUIT.”
Lyons, a resident of Yonkers, N.Y., says that he, like other consumers, thought that Dove Real Mixed Berries contained only chocolate and berries when he made his purchase. He also relied on the reputation of the Dove brand as high-quality chocolate. However, he says that had he known about the additional ingredients in the product, he would not have bought it or paid as much.
“The representation that the Product is ‘made with real fruit’ is misleading to consumers,” alleges the complaint. “Defendant misrepresented the Product through affirmative statements, half-truths, and omissions.”
According to the Dove Real Mixed Berries class action lawsuit, the ingredient panel on the product reveals that the product’s fruit contain added ingredients like sugar, ascorbic acid, and citric acid.
“As a result of the false and misleading labeling, the Product is sold at a premium price, approximately no less than $2.79 per 17 OZ, excluding tax, compared to other similar products represented in a non-misleading way and higher than the price of the Product if it was to be represented in a non-misleading way.”
The plaintiff accuses Mars of violating federal and state consumer protection laws. Lyons seeks to represent other consumers who purchased Dove Real Mixed Berries and asks for damages, as well as a court order stopping the alleged false advertising of the product.
Have you ever purchased Dove Real Mixed Berries? Are you surprised about the class action lawsuit allegations of no real berries in the product? Tell us your thoughts in the comment section below!
The lead plaintiff, Richard Lyons, and the proposed Class Members are represented by Spencer Sheehan of Sheehan & Associates, PC.
The Dove Real Mixed Berries False Advertising Class Action Lawsuit is Lyons v. Mars Wrigley Confectionery US, LLC, Case No. Case 7:21-cv-00620, in the U.S. District Court Southern District of New York.
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626 thoughts onDove ‘Real Mixed Berries’ Falsely Advertised, According to Class Action Lawsuit
I have purchased this several times.