Pur gum not flavored with real peppermint, class action claims

Pur gum class action overview: 

• Who: A chewing gum customer is suing The Pur Co. 
• Why: The plaintiff says the company advertises its gum as containing peppermint when it does not contain any real peppermint. 
• Where: The Pur gum class action lawsuit was filed in a New York federal court. 

The Pur Company advertises its gum as containing peppermint when it does not in fact contain any real peppermint, a new class action lawsuit alleges.

Marykae Davis filed the class action lawsuit against The Pur Co. USA Inc. on Oct. 10 in New York federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, The Pur Co. makes and sells various flavors of gum under the PÜR brand.

One of the gum is marketed as having the primary flavor of peppermint, though its use of the word “peppermint” on the label, Davis says. 

By representing the product as “peppermint” without any qualifying terms, consumers expected its taste was from peppermint ingredients, she says. 

“However, the ingredient list in small print on the edge of the package does not identify any peppermint ingredients, and the only ingredient which can provide the peppermint taste is ‘natural flavors,’” the lawsuit alleges.

Pur peppermint gum does not contain real peppermint, lawsuit alleges

The lawsuit cites evidence from flavor expert Bob Holmes, who says if the product provided “all the flavor depth” of peppermint, the ingredients would list “peppermint extract” or “peppermint oil” instead of “natural flavors.”

Davis says peppermint extract or peppermint oil is not a separately identified ingredient, which means any real peppermint, if present, is at trace levels as part of the natural flavor ingredient.

“The added natural flavors are less expensive and more concentrated than real peppermint, so less of it needs to be used,” she says. 

“Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.”

Davis is looking to represent a New York class of consumers who bought the product and a consumer fraud multistate class of people from Alabama, Wyoming, Montana, Alaska, Texas, Arizona, New Mexico, Mississippi, Utah, Nebraska, South Carolina, Tennessee and West Virginia who purchased the gum.

Davis is suing for violations of state consumer laws, fraud, negligent misrepresentation and breach of warranty. She is seeking certification of the class action, damages, fees, costs and a jury trial.

Did you buy this peppermint Pur gum? Let us know your thoughts on these class action claims in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Pur Company class action lawsuit is Marykae Davis, et al. v. The Pur Co. USA Inc., Case No. 6:22-cv-06430, in the U.S. District Court for the Western District of New York.

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