Nature’s Path Class Action Says Acai Pastries Don’t Have Enough Fruit

A recent class action lawsuit claims that Nature’s Path Foods misleads consumers regarding how much acai berry is present in its toaster pastries.

Nature’s Path Frosted Wildberry Acai Toaster Pastries are reportedly advertised with attractive statements including “always organic,” “made with real fruit,” and “no artificial flavors or synthetic colors.”

Additionally, Nature’s Path toaster pastries packaging allegedly features pictures of assorted fresh fruits, including strawberries, blueberries, raspberries, and acai berries.

Acai berries are widely known as a good source of antioxidants, meaning they are associated with improved health. Acai products are typically very expensive, with a bottle of pure acai juice running between $30 and $40 depending on its quality.

The back panel of the Nature’s Path packaging reportedly describes the toaster pastries as follows: “Our organic toaster pastries are always made with real fruit, Fairtrade ingredients and no artificial flavors. The warm, fruit-filled center is baked into a golden pastry for a tasty treat straight out of the toaster.”

Although these representations are favorable and attractive to consumers, the class action lawsuit claims that they are deceptive.

Plaintiff Danielle Louis, and another plaintiff simply named “Jane Doe,” argue that the representations form certain expectations about the content of the toaster pastries that are not upheld.

Specifically, the plaintiffs argue that the product name indicate that “of the wild berries depicted on the label – blueberries, strawberries, raspberries and acai berries – acai berries will be present in an amount greater than the other fruit (wildberry) components as part of the filling.” There are five acai berries on the front of the toaster pastries’ box, comprising 45 percent of the 11 berries depicted.

Due to the product name and representations, Louis claims that it is reasonable for a customer to assume that acai berries are present in a “meaningful amount” in the pastries. However, this is allegedly untrue.

Not only do the pastries not contain true acai berries, the acai ingredient is less than all other fruit components and comes fourth to last on the ingredient list.

Instead of true acai berries in a puree form, the pastries allegedly contain acai powder. Acai powder is made from concentrating and pasteurizing fresh acai juice, mixing the juice with a carrier, and feeding it through a spray drier. The resulting powder can be used in food products.

The Nature’s Path class action lawsuit claims that, by not including acai berries in their puree form, the products are marketed with deceptive and misleading representations.

“Given that the ingredient list declares apples, strawberries, blueberries, etc., and uses these ingredients in their puree form, it is deceptive and misleading that the acai component is not present in that form as opposed to a powder,” the Nature’s Path class action lawsuit argues.

The plaintiffs seek to represent a Class of consumers who purchased the Nature’s Path Wildberry Acai Toaster Pastries. They also seek to represent two Classes of the same consumers from New York and California, respectively.

The Nature’s Path class action seeks injunctive relief, restitution, disgorgement, monetary damages, treble damages, punitive damages, court costs, and attorneys’ fees.

Plaintiffs and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC.

The Nature’s Path Frosted Wildberry Acai Toaster Pastries Class Action Lawsuit is Louis, et al. v. Nature’s Path Foods USA Inc., Case No. 1:19-cv-02584, in the U.S. District Court for the Eastern District of New York.

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