Welch’s class action alleges fruit snacks falsely advertise containing no preservatives

Welch’s class action lawsuit overview:

• Who: Plaintiffs Matthew Sinatro and Shane Winkelbauer filed a class action lawsuit against Welch Foods Inc.
• Why: Welch’s allegedly mislabels its fruit snacks as containing no preservatives even though they contain citric acid and lactic acid.
• Where: The Welch’s class action lawsuit was filed in California federal court.

Welch’s falsely advertises its fruit snacks as containing no preservatives, according to a class action lawsuit filed Nov. 9 in California federal court.

Plaintiffs Matthew Sinatro and Shane Winkelbauer filed the Welch’s class action lawsuit against Welch Foods Inc. and Promotion In Motion Inc. over what they describe as an “egregious” breach of trust.

Sinatro and Winkelbauer note that Welch’s is “one of the most iconic and trusted brands” that produces fruity snacks and beverages enjoyed by generations of children.

Consumers trust the Welch’s brand to make accurate claims about its products. However, the class action lawsuit claims the company labels Welch’s fruit snacks as containing “no preservatives” even though the snacks contain the preservatives citric acid and lactic acid.

The plaintiffs note Welch’s employs teams of food scientists who should be aware citric and lactic acids are recognized as preservatives. 

“Welch’s ignores the weight of authority, food science, and industry practice related to preservatives, because its false declaration of ‘No Preservatives’ drives sales and profits,” the Welch’s fruit snacks lawsuit states.

Welch’s class action says company knows health-conscious parents will pay premium for products with no preservatives

The plaintiffs claim Welch’s targets health-conscious parents who wish to avoid feeding their children citric and lactic acid because these chemicals can reportedly erode tooth enamel and aggravate gastrointestinal tracts.

Welch’s realizes consumers are willing to pay a premium for products that do not contain preservatives and knowingly mislabels its products as containing no preservatives, the Welch’s fruit snacks class action alleges.

Not only does Welch’s mislabel the product as containing no preservatives, but the company also touts its false no preservatives claim on the Welch’s fruit snacks Twitter account and website, the lawsuit says.

The plaintiffs claim that these false claims put Welch’s competitors, which do not promote false claims about the preservatives in their fruit snacks, at a disadvantage.

The Welch’s class action lawsuit asserts claims for violations of California’s Unfair Competition Law, False Advertising Law and the Consumers Legal Remedies Act, and accuses the company of common law fraud, intentional misrepresentation, breach of warranty and unjust enrichment.

In April, Welch’s agreed to pay $1.5 million to settle a class action lawsuit alleging the company misleadingly labeled some of its juice products with claims they help support a healthy heart.

What do you think about the claims that Welch’s mislabels its fruit snacks as containing no preservatives? Let us know in the comments.

The plaintiffs are represented by Ryan J. Clarkson and Zachary T. Chrzan of Clarkson Law Firm PC.

The Welch’s fruit snacks class action lawsuit is Matthew Sinatro, et al. v. Welch Foods Inc., et al., Case No. 3:22-cv-07028, in the U.S. District Court for the Northern District of California.

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