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Target Market Pantry class action lawsuit overview:
- Who: Erica Broodie filed a class action lawsuit against Target Corporation.
- Why: Broodie claims Target falsely advertises its Market Pantry-brand berry pomegranate flavored water enhancer as containing only natural flavors.
- Where: The class action lawsuit was filed in Florida federal court.
Target Corporation falsely advertises that its Market Pantry brand berry pomegranate flavored water enhancer contains only natural flavoring, a new class action lawsuit alleges.
Plaintiff Erica Broodie claims the Market Pantry berry pomegranate flavored water enhancer contains a synthetic version of malic acid, despite Target labeling that the product is naturally flavored.
Broodie argues Target allegedly mislabels the Market Pantry berry pomegranate flavored water enhancer to appeal to consumers who want to avoid products made with chemical additives and synthetic solvents.
“By describing the berry pomegranate taste as coming from natural flavoring ingredients, consumers will not expect this to be from artificial flavoring ingredients,” the Target class action states.
Broodie wants to represent a Florida class of consumers who have purchased Market Pantry berry pomegranate flavored water enhancer within the statute of limitations.
No way for consumers to know malic acid in Market Pantry berry pomegranate water enhancer is artificial, says class action
Broodie argues that, while malic acid is listed on the ingredients list for the Market Pantry berry pomegranate flavored water enhancer, there is no way for them to know the malic acid used in the product is artificial, known as DL-Malic Acid.
“DL-Malic Acid is not a ‘natural flavor’ as defined by federal and state regulations, because it is not from a fruit, vegetable, or other natural source, but from petroleum and made through chemical reactions,” the Target class action states.
Broodie claims Target is guilty of fraud and breach of express warranty, of violating a Florida statute regarding misleading advertising, and of violating the Florida Deceptive and Unfair Trade Practices Act.
The plaintiff is demanding a jury trial and requesting declaratory relief along with an award of monetary, statutory, and/or punitive damages for herself and all class members.
A similar class action lawsuit filed against Target was dismissed at the end of last year by an Illinois federal judge who sided with the company against claims it falsely advertised that its Market Pantry fruit punch flavored liquid water enhancer contains only natural flavors.
Have you purchased Market Pantry berry pomegranate flavored water enhancer? Let us know in the comments!
The plaintiff is represented by William Wright of the The Wright Law Office, P.A., and Spencer Sheehan of Sheehan & Associates, P.C.
The Target Market Pantry class action lawsuit is Broodie v. Target Corp., Case No. 3:23-cv-00955, in the U.S. District Court for the Middle District of Florida.
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