Largest tomato canner in U.S. hit with class action alleging it falsely advertises no preservatives

Tomato no preservatives class action overview: 

• Who: A canned tomato consumer sued Pacific Coast Producers.
• Why: The plaintiff says the company falsely markets its canned tomatoes as being “preservative-free” when they contain citric acid.
• Where: The class action lawsuit was filed in a California federal court.
• What are my options: Try alternative canned tomato products from Thrive Market.

The United States’ largest tomato canning company falsely markets its tomatoes as being “preservative- free,” a new class action lawsuit alleges. 

Daniel Onn filed the class action lawsuit against Pacific Coast Producers July 14 in a California federal court, alleging violations of state and federal consumer laws. 

Pacific Coast Producers operates the largest tomato canning facility in the United States and makes and sells multiple types of canned tomatoes throughout the country, including in California, Onn says.  

According to the lawsuit, the company markets its products in a “systematically misleading manner” by misrepresenting that they do not contain preservatives.

“Defendant clearly lists ‘No Preservatives’ on Products’ label, capitalizing on the preference of health-conscious consumers to purchase foods that are free from preservatives,” Onn states. “However, Defendant’s Products contain ‘citric acid’—a well-known preservative used in food products.” 

FDA considers citric acid preservative, ‘no-preservative’ lawsuit says

Onn says the U.S. Food & Drug Administration (FDA) recognizes citric acid as a preservative because it is classified as an antioxidant that delays or prevents the deterioration of foods by oxidative mechanisms.

He alleges Pacific Coast Producers purposefully mislabels its tomatoes to appeal to consumer demand for preservative-free food. The alleged false representation allows the company to charge more for the product than it is worth, Onn says.

Onn is suing on behalf of anyone who bought any Pacific Coast Producers tomatoes labeled as containing “no preservatives” but containing citric acid, plus a subclass of consumers from California. 

He is suing for breach of California business and consumer laws, breach of warranty and unjust enrichment. He seeks certification of the class action, damages, fees, costs and a jury trial. 

Pacific Coast isn’t the only tomato manufacturer to face a lawsuit. In 2019, a consumer filed a class action lawsuit against Cento Fine Foods, claiming its San Marzano products were made with low-quality tomatoes.

What do you think of the allegations in this canned tomato class action lawsuit? Let us know in the comments. 

The plaintiff is represented by Frederick J. Klorczyk III of Bursor & Fisher PA. 

The Pacific Coast Producers class action lawsuit is Daniel Onn v. Pacific Coast Producers, Case No. 5:23-cv-03524-SVK, in the U.S. District Court for the Northern District of California.

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