Rite Aid Class Action Says ‘Sugar’ Disguised In Praline Pecans

A class action lawsuit claims that Rite Aid disguises “sugar” as “evaporated cane juice” on its Praline Pecan ingredient list to make it seem healthier than it actually is. 

Plaintiff Cory Henderson states that Rite Aid manufactures and sells pecan halves under the Dreamhouse Fine Foods brand, which are labeled as being made with a “sweet and salty glaze.”

“By declaring the ingredient commonly known as ‘evaporated cane juice,’ plaintiff and consumers receive the impression that the ‘sweet…glaze’ is an actual juice in which the Products are coated,” the Rite Aid class action lawsuit claims.

The plaintiff notes that the “sweet glaze” gives the impression that the pecans are a better nutritional choice than those products that have “sugar” as their second predominant ingredient.

The Rite Aid class action lawsuit states, “The Product’s deceptive labeling is especially egregious because defendant is at its core a pharmacy – it dispenses medication to cure and treat ailments and maladies.”

The plaintiff claims that no reasonable customer would believe that a store which prescribes medications would not accurately identify the ingredients in its products.

The Rite Aid class action lawsuit argues that if the plaintiff and Class Members had known the truth about the pecans, they would not have purchased the product or would have paid less for it.

The plaintiff also claims that, because of the false and misleading labeling, the pecans are sold at premium prices, “no less than $2.79 per 9.0 oz, excluding tax” compared to other similar products.

Henderson states that he would consider purchasing the product again if he was assured that the product is represented in a non-misleading way.

“Defendant’s conduct was misleading, deceptive, unlawful, fraudulent, and unfair because it gives the impression to consumers the Products contain a sweetener which is made from juice, commonly understood as being derived from a fruit or vegetable consumers encounter in their daily lives, which excludes stalks of sugar cane and that ‘evaporated cane juice’ possessed the qualities associated by consumers with actual juice, as opposed to being another word for sugar,” the Rite Aid class action lawsuit continues.

The plaintiff also states that Rite Aid misrepresented the substantive, quality, and compositional characteristics of the pecans through misreporting the properties of the second most predominant ingredient.

The Rite Aid class action lawsuit claims that the defendant had a duty to disclose as well as supply non-deceptive labeling of the products.

In addition, the plaintiff states that the defendant’s ingredient list showed the plaintiff that the pecan included a form of juice instead of actual table sugar.

“The Product does not contain juice even in a small amount which could have improved the nutritional profile of the Product,” the Rite Aid class action lawsuit claims.

The plaintiff claims violations of New York General Business Law as well as consumer protection statutes of other states and territories, negligent misrepresentation, breach of express warranty, implied warranty of merchantability, the Magnuson Moss Warranty Act, fraud, and unjust enrichment.

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

The Rite Aid Pecan Halves Class Action Lawsuit is Henderson v. Rite Aid Corporation, Case No. 1:19-cv-09870, in the U.S. District Court for the Southern District of New York.

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