Hy-Vee Class Action Lawsuit Says Oatmeal Is Artificially Flavored

Hy-Vee oatmeal allegedly uses dried, colored pieces of apple to imitate more expensive fruits like strawberries and peaches.

According to plaintiff Abby Fisher, Hy-Vee oatmeal is intentionally manufactured and labeled in a deceptive way that convinces consumers the products contain dried strawberries and peaches. These representations allegedly deceive customers into purchasing the products or paying a higher price for the oatmeal.

Hy-Vee Strawberries & Cream Instant Oatmeal and its Peaches & Cream Instant Oatmeal products are reportedly advertised with prominent imagery featuring strawberries and peaches. These representations and images allegedly convince consumers the dried fruit found in the oatmeal is strawberries and peaches.

Unfortunately, this reasonable assumption is reportedly based on a lie. Fisher argues the small pieces of fruit seen on the product labeling are pieces of apple which have been colored with annatto and Red 40 to look like more expensive peaches and strawberries.

“Whole strawberries and a whole peach included in the imagery strengthen the consumers’ association that the Oatmeals contain the depicted fruits,” the Hy-Vee oatmeal class action lawsuit notes.

Fisher’s argument is supported by the products’ ingredient lists.

Instead of featuring dried strawberries or peaches, the ingredient list includes “flavored and colored fruit pieces.” These ingredients are indicated to include “dried apples,” “artificial flavor” and colorings.

Fisher notes that other, competitor products contain the “actual, undisguised fruit” or clearly emphasize the fact that the products contain only flavored apple pieces instead of other fruits.

Hy-Vee allegedly fails to follow this example of clear labeling by intentionally deceiving their customers into purchasing the oatmeal.

In fact, Fisher argues the company intentionally chose confusing labels for its products that feature misleading elements such as “artificially flavored” statements that are nearly the same color as the background.

“Defendant’s purpose in using the misleading labels was to increase its profits by promising consumers strawberries and peaches but delivering instead cheap apples,” Fisher contends in her Hy-Vee oatmeal class action lawsuit.

Unfortunately, Fisher says she and other consumers have been severely misled by these products — causing them to make purchases they otherwise would not have.

According to the Hy-Vee oatmeal class action lawsuit, Fisher purchased the products on at least one occasion including in August 2020. She alleges she would not have purchased the Hy-Vee oatmeal or would have paid significantly less for the products if she had been aware of the truth.

Fisher seeks to represent a Class of Missouri consumers who purchased Hy-Vee Strawberries & Cream Instant Oatmeal or Peaches & Cream Instant Oatmeal within the five years before the class action lawsuit was filed.

According to Fisher, Hy-Vee’s oatmeal advertisements are not only unfair — they are also unlawful.

The plaintiff contends Hy-Vee violates Missouri’s Merchandising Practices Act with “false, deceptive, and misleading marketing and advertising.” Under this law, the plaintiff seeks compensatory damages or restitution and disgorgement to benefit her and the proposed Class of purchasers.

Although Fisher stressed in her complaint that the amount in controversy was below the $75,000 Class Member and $5 million total limits for state jurisdiction, the case was removed to federal court by Hy-Vee after it was filed.

Did you purchase Hy-Vee Oatmeal based on representations that the products contain dried fruit? Are you shocked to learn these fruit pieces may have only been colored apple? Let us know in the comment section below.

Fisher and the proposed Class are represented R. John Azimi of Azimi Law Firm LLC and Jeff Lingwall of Lingwall Consulting.

The Hy-Vee Oatmeal Class Action Lawsuit is Abby Fisher v. Hy-Vee Inc., Case No. 4:20-cv-00831, in the U.S. District Court for the Western District of Missouri.

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