Anne Bucher ย |ย  November 14, 2022

Category: Food
Welch's mixed fruit snacks in boxes on a grocery store shelf
(Photo Credit: ZikG/Shutterstock)

Welchโ€™s class action lawsuit overview:

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

Welchโ€™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 Welchโ€™s class action lawsuit against Welch Foods Inc. and Promotion In Motion Inc. over what they describe as an โ€œegregiousโ€ breach of trust.

Sinatro and Winkelbauer note that Welchโ€™s is โ€œone of the most iconic and trusted brandsโ€ that produces fruity snacks and beverages enjoyed by generations of children.

Consumers trust the Welchโ€™s brand to make accurate claims about its products. However, the class action lawsuit claims the company labels Welchโ€™s fruit snacks as containing โ€œno preservativesโ€ even though the snacks contain the preservatives citric acid and lactic acid.

The plaintiffs note Welchโ€™s employs teams of food scientists who should be aware citric and lactic acids are recognized as preservatives.ย 

โ€œWelchโ€™s ignores the weight of authority, food science, and industry practice related to preservatives, because its false declaration of โ€˜No Preservativesโ€™ drives sales and profits,โ€ the Welchโ€™s fruit snacks lawsuit states.

Welchโ€™s class action says company knows health-conscious parents will pay premium for products with no preservatives

The plaintiffs claim Welchโ€™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.

Welchโ€™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 Welchโ€™s fruit snacks class action alleges.

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

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

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

In April, Welchโ€™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 Welchโ€™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 Welchโ€™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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97 thoughts onWelchโ€™s class action alleges fruit snacks falsely advertise containing no preservatives

  1. Michelle Campbell says:

    Add me

      1. Sylvia M Bryant Ouattara says:

        Add me

  2. Thomas Sperounis says:

    Please add me

  3. Sharon Sperounis says:

    Please add me!!

  4. Angelina Sharp says:

    Please add me. I purchase boxes yearly.

    1. Sharon C Sperounis says:

      Please add me!!

  5. Linda Butler says:

    I buy those for my grandchildren. Please add me

  6. Jan Hensley says:

    Add me. Donโ€™t know how many boxes I have bought

  7. Dorothy Mitchell says:

    I have brought hundreds of the largest bags for yrs.

  8. Mary Dozier says:

    been buying these fruit snacks for my boys for well over 15years now because thought they were healthy..

  9. DENNIS SFEIR says:

    Please add me too.

  10. Butler says:

    Purchased this for years,include me for my reimbursement

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