Red Baron Class Action Lawsuit Says Pizza Crust Contains Preservatives

According to a recent false advertising class action lawsuit, Red Baron pizza crust contains preservatives despite label representations to the contrary.

Plaintiffs Jamie Jackson and Trenton McDonald argue that they were misled by representations on Red Baron pizza packaging which claimed that the pizzas have “preservative free crust” and contains “no artificial flavors.” Despite this, Red Baron pizza allegedly contains both preservatives and artificial flavors.

“Knowing that consumers like plaintiffs are increasingly interested in purchasing products that do not contain potentially harmful preservatives or synthetic ingredients, defendant sought to take advantage of this growing market by labeling its pizzas as having ‘preservative free crust’ and ‘no artificial flavors,’” the Red Baron pizza class action lawsuit contends.

Despite representations that the products have a “preservative free crust,” the pizzas allegedly contain several preservatives including sodium stearoyl lactylate, enzymes, monoglycerides, and diglycerides.

Sodium stearoyl lactylate and enzymes reportedly work within the Red Baron pizza crust to preserve the softness of the crust during the product’s shelf life. The mono- and diglycerides reportedly serve as anti-staling agents which prevent the retrogradation of starch which could cause the crust to go stale during the product’s shelf life.

The plaintiffs also challenge representations that the products contain “no artificial flavors,” pointing to several ingredients found in the pizza sauce.

Allegedly, the products contain modified food starch and hydrolyzed soy and corn proteins – two “commercially-manufactured and high processed” ingredients.

Furthermore, these ingredients reportedly contain monosodium glutamate or MSG. The plaintiffs contend that these ingredients serve to provide an MSG-like flavor in the pizza sauce and are therefore considered to be artificial flavors.

Due to the presence of the preservatives and artificial flavors, Jackson and McDonald argue that Red Baron pizza cannot legally be marketed as having a preservative free crust or being free of artificial flavors.

By marketing their products in this manner, SFC Global Supply Chain Inc. allegedly misleads consumers like the plaintiffs into purchasing the products.

“By affixing such a label to the packaging of the pizzas, defendant can entice consumers like plaintiffs to pay a premium for the pizzas or pay more for them than they otherwise would have had the truth been known,” argues the Red Baron pizza class action lawsuit.

Due to the deceptive marketing on Red Baron pizza, plaintiffs and other consumers were allegedly injured by the purchases they made.

False advertising is prohibited under several federal and state laws including the Illinois Consumer Fraud Act. According to the plaintiffs, Red Baron pizza labeling violates the ICFA because it misleads consumers and deceives them in order to encourage purchases of the products.

Jackson and McDonald seek to represent a Class of Illinois consumers who purchased Red Baron pizza within the last five years. This includes several flavors such as Brick Oven Cheese Trio Pizza, Classic Crust Four Cheese Pizza, and Thin & Crispy Five Cheese Pizza.

On behalf of themselves and the proposed Class, the plaintiffs seek compensatory damages or restitution and disgorgement of the funds SFC Global earned through their misleading advertisements.

Have you purchased Red Baron pizza? Did you think the products contained no artificial flavors or preservatives? Share your experiences in the comment section below.

Plaintiffs and the proposed Class are represented by David C. Nelson of Nelson & Nelson PC and Matthew H. Armstrong of Armstrong Law Firm LLC.

The Red Baron Pizza Class Action Lawsuit is Jamie Jackson, et al. v. SFC Global Supply Chain Inc., Case No. 3:20-cv-01072, in the U.S. District Court for the Southern District of Illinois.

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