Anne Bucher  |  November 14, 2022

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

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.


Don’t Miss Out!

Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!


Read About More Class Action Lawsuits & Class Action Settlements:

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

97 thoughts onWelch’s class action alleges fruit snacks falsely advertise containing no preservatives

  1. Kasandra Buttleman says:

    Please add me ibgive to grandchildren all the time

  2. Janine says:

    i feed these to my kids not any more

    1. Pammy Khron says:

      Please add me. I buy these all the time.

  3. Sandra Hazelgrove says:

    please send me info thank you

    1. MARGUERITE BROWN says:

      I buy this product for my granddaughter and my 3 year old niece. Please add me to the list

  4. Trish Suvino D'Anna says:

    I buy them for myself because lower sugar and better ingredients are a part of my diet. I feel a bit silly now. I should have put on magnifying glasses and read the back of the box. Damn! They were my only goodie for a snack! I feel a bit angry and really stupid!

  5. Cha-Ron Abdul-khabir says:

    Add my family, we buy all the time

  6. Sheena Earl says:

    Please add me

  7. Scott Stevens says:

    Please add my family. my kids love this product

  8. BARBARA L ROGERS says:

    please add me

  9. fd says:

    havent received settlement of last its class action lawsuit of welch. Tje settlement office infom I received in name it sent me link might be spam i in june I told em isnt so It told me it get message of successful that is lie . I have some settlemets in e payment after I cashout it never shows pym successful on screen > I have troubles to rec pym from welch benecor,belvitta copy cat of lulu bscuots by make biger, diamon pet dog all tell me sent the link might in spam it nerve happed b4

    1. Debra Kraft says:

      Add me. I have been buying those in bulk for years

      1. Maxine Foster says:

        Please add me I buy this product regularly

      2. Mattie amos says:

        I gave snack everyday .pls add me oh my little baby .pls add me

  10. Krystal says:

    Add me

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.