Wegmans class action alleges store falsely advertises canned fruits

Wegmans canned fruits class action overview: 

• Who: Wegmans Food Market is facing a class action lawsuit from Plaintiff Jonas Hernandez. 
• Why: Wegmans sells canned fruits in 100% juice but the juice actually contains ascorbic acid, the lawsuit claims.
• Where: The Wegmans class action was filed in federal court in New York.

Wegmans Food Market is facing a class action lawsuit claiming that the company sells canned fruit advertised to be in 100% juice but the fruit juice actually contains ascorbic acid.

Wegmans advertises the fruit cups as having no artificial colors, flavors or preservatives but ascorbic acid is an artificial ingredient that acts as a preservative.

Wegmans also sells nearly identical fruit without ascorbic acid under its “Organic” label, the Wegmans canned fruit lawsuit claims.

“Defendant’s deceptive marketing is further bolstered by the aura of healthiness created by its ‘Food You Feel Good About’ stamp on its products—which promises, inter alia, that the food item won’t contain any ‘artificial colors, flavors or preservatives,’ “ the Wegmans class action claims. “Defendant, however, creates a special exception when it comes to ascorbic acid.”

Consumers in the class claim they relied on the canned fruit claims on the package when they decided to purchase the canned fruits. While ascorbic acid can be found naturally in citrus fruits, it’s cost-prohibitive for companies to choose that process in large quantities.

Many fruit juices that claim to be natural are actually a hoax, Wegmans canned fruit lawsuit claims

Fruit juices have become more popular as consumers have become more health-conscious and look to choose more natural ingredients, the Wegmans canned fruit lawsuit claims.

“Many of these so-called ‘fruit juices’ are merely a hoax—containing the same plethora of synthetic ingredients as previous food and beverage products,” the Wegmans class action claims. “Defendant’s products fall squarely within this gamut of deceptive conduct.”

While many juices claim to add ascorbic acid for Vitamin C, the U.S. Food and Drug Administration classifies ascorbic acid as a preservative

Earlier this year, Wegmans announced a recall for more than 9,300 Cole & Mason pepper mills, as the product can pose a laceration hazard.

Have you purchased canned fruits from Wegmans? Let us know in the comments.

The plaintiff is represented by Adrian Gucovschi of Gucovschi Rozenshteyn PLLC.

 The Wegmans canned fruits class action lawsuit is Hernandez v. Wegmans Food Markets Inc., Case No. 1:23-cv-07450, in the U.S. District Court for the Eastern District of New York.

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