Welch’s Fruit Snacks Class Action Says Fiber Content Misrepresented

A class action lawsuit says Welch’s Fruit Snacks don’t contain fiber from “real fruit,” despite marketing claims.

According to plaintiff Charles Jones, he purchased one or more packages of Welch’s Fruit Snacks for no less than $3.99 per box.

Jones claims that he saw representations by Welch’s that the products were “Made with REAL fruit” and contained fiber.

Based on these statements, Jones says he decided to purchase the Welch’s Fruit Snacks.

However, the Welch’s Fruit Snacks class action lawsuit states that Welch Foods Inc. inaccurately represents the nature of the ingredients in its fruit snacks.

Allegedly, the fiber in the fruit snacks does not come from the whole fruits represented in the pictures on the labels, but instead comes from chicory root.

The Welch’s Fruit Snacks class action states that chicory root is not a dietarily significant source of fiber, but it’s represented as such to make Welch’s Fruit Snacks appear healthier than it is.

“The Products’ are fortified with fiber in a manner which is contrary to law, public policy and which causes them to be misleading to consumers due to the expectation they are a an appropriate nutritional vehicle for the fulfillment of their fiber needs,” the Welch’s class action lawsuit claims.

However, the fruits advertised on the packages, like blueberries, raspberries, and strawberries, are good dietary sources of fiber, according to the fruit snacks class action.

Jones argues that images of fruit would lead consumers to believe that the fiber comes from the advertised fruits and therefore possesses the health benefits of eating a diet containing significant fiber, like a decreased risk of cardiovascular disease, lower mortality risk, lowered risk of obesity, and a reduced risk of several cancers.

The Welch’s Fruit Snacks false advertising class action lawsuit argues that Welch’s brand name is “inextricably linked to growing of real grapes,” so consumers connect the fruit snacks with real fruit.

On top of this brand association, Jones states that the package and advertisements for the snacks say that the products contain “real fruit.”

Allegedly, Welch’s Fruit Snacks bear the words “fruit snacks,” “made with REAL fruit,” “100% DV Vitamin C & 25% Vitamins A & E,” “With Fiber” and “No Preservatives.”

Jones argues that all of these statements lead consumers to believe that the fruit snacks possess the health benefits of real fruit.

Allegedly, consumers have a preference for foods advertised as being made with real fruits and vegetables because they are seen as healthier than foods made from artificial ingredients.

Jones claims that Welch Foods Inc. is aware of these consumer preferences as a company with a stake in attracting consumers.

The Welch’s Fruit Snacks class action states that the company intentionally misrepresented the products as containing real fruit to attract consumers to the products.

Jones says that if he had assurances that the advertisements and representations for the products were no longer misleading, he would purchase the products again.

The plaintiff states that since Welch Foods Inc. intentionally misrepresented its products as more desirable than they are, the company was unjustly enriched by the sales it made as a result of these misrepresentations.

He aims to hold Welch Foods Inc. accountable for his alleged economic injury and the similar injuries of other consumers. Jones seeks damages on behalf of himself and all similarly affected consumers.

Jones is represented by Spencer Sheehan of Sheehan & Associates PC.

The Welch’s Fruit Snacks “Made with REAL Fruit” Class Action Lawsuit is Charles Jones v. Welch Foods Inc., Case No. 1:19-cv-01532, in the U.S. District Court for the Eastern District of New York.