Schwan’s class action claims Edwards créme pies falsely advertised as preservative-free

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Schwan’s Edwards pies class action lawsuit overview: 

• Who: Niya Martin filed a class action lawsuit against Schwan’s Consumer Brands Inc. 
• Why: Martin claims Schwan’s misleadingly markets that its Edwards brand frozen key lime pie and strawberry créme products contain no preservatives.
• Where: The class action lawsuit was filed in Florida federal court. 

Schwan’s Consumer Brands falsely markets that its Edwards brand key lime and strawberry créme frozen pies contain no preservatives, a new class action lawsuit alleges. 

Plaintiff Niya Martin claims Schwan’s Edwards brand frozen key lime pie contains sodium citrate and frozen strawberry créme pie contains sodium citrate and citric acid, which she argues are synthetically produced. 

“Not only do the labels not disclose the presence of these ingredients, they do the opposite by disclaiming the presence of preservatives,” the Schwan’s class action states. 

Martin argues Schwan’s is required by federal and state law to disclose that the frozen pie products allegedly contain the preservatives “in a manner that such statements are likely to be read by the ordinary person under customary conditions of purchase and use of the Product.” 

“By not disclosing the use of chemical preservatives, and further asserting the Product contains ‘No Preservatives,’ Defendant misleads reasonable consumers,” the Schwan’s class action states. 

Consumers believe food with ‘free-from’ claims healthier than those without, Edwards pie class action says

More than 40% of consumers are under the belief that a food that contains a “free from” claim is a healthier option than one that does not, according to the Schwan’s class action. 

“Consumers believe that products without preservatives are healthier and fresher than those with additives like preservatives,” the Edwards pie class action states. 

Martin claims Schwan’s is guilty of unjust enrichment, fraud and negligent misrepresentation and of violating the Magnuson Moss Warranty Act, the Florida Deceptive and Unfair Trade Practices Act and several state consumer fraud acts. 

Martin wants to represent a Florida class and multistate consumer fraud class of individuals who have purchased an Edwards frozen key lime pie or strawberry créme pie during the statutes of limitations. 

She demands a jury trial and requests injunctive relief along with an award of monetary, statutory and/or punitive damages for herself and all class members. 

A consumer filed a separate class action lawsuit against Schwan’s last year, arguing the company falsely advertised the amount of butter found in its Mrs. Smith’s brand frozen apple pie product. 

Are you more likely to purchase a product that represents itself as free from preservatives? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates P.C. and Alexander J. Korolinsky of AJK Legal. 

The Schwan’s Edwards pies class action lawsuit is Martin, et al. v. Schwan’s Consumer Brands Inc., Case No. 4:22-cv-00469, in the U.S. District Court for the Northern District of Florida. 

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