Yo-Yummy Class Action Says Yogurt Isn’t ‘All Natural’

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A class action filed against Commonwealth Dairy LLC says the maker of Yo-Yummy yogurt deceptively advertises its product. The complaint alleges that Yo-Yummy yogurt is marketed as “All Natural” and “Only Natural Ingredients,” but it actually contains artificial and synthetic ingredients.

The Yo-Yummy yogurt “all natural” class action lawsuit claims that people are willing to pay more for healthy food, and companies are able to capitalize on that. The complaint states that the market for “natural” products increased by six percent last year, and is now roughly a $117 billion industry.

The class action alleges that people pay more for Yo-Yummy yogurt because of its misleading claims, and they have been injured by the extra amount of money they paid above other yogurts.

Specifically, the class action lawsuit is over the claims for Yo-Yummy Grade A All Natural Yogurt in the following flavors: Sour cherry, grape, strawberry, mixed berry, strawberry banana, and cotton candy. The complaint alleges that those flavors of Yo-Yummy yogurt contain kosher gelatin and tricalcium phosphate, which are not natural ingredients. “Kosher gelatin is a synthetic ingredient that is commercially processed using hydrolysis,” according to the complaint. Similarly, tricalcium phosphate “is a recognized synthetic chemical under federal regulations.”

Plaintiff Timothy Condon of New York asserts that he purchased Yo-Yummy yogurt from Wal-Mart after relying on the false and misleading “all natural” packaging. Condon says that “had he known the truth…he would not have purchased the products at a premium price.”

The Yo-Yummy yogurt class action lawsuit argues that the yogurt’s claims of being “all natural” are misleading to consumers, for two reasons. First, laboratory testing is required to “confirm or debunk Defendant’s prominent front-of-the-Products’ claims, representations, and warranties,” and reasonable consumers cannot be expected to know that kosher gelatin and tricalcium phosphate are not natural.

Second, the class action plans on using surveys and market research to show that “the term ‘natural’ is misleading to a reasonable consumer because the reasonable consumer believes that the term ‘natural,’ when used to describe a good such as the Products, means that it is free of synthetic ingredients.”

In addition, the complaint cites comments by the U.S. Food and Drug Administration (FDA) on use of the term “natural” to mean “nothing artificial or synthetic (including color additives regardless of source) has been included in, or has been added to, a food that would not normally be expected to be in food.”

Condon seeks to represent a Class of all consumers who purchased Yo-Yummy yogurt anywhere in the U.S. The lawsuit requests damages for all consumers under state consumer protection laws. The class action is also asking for a court order to make Commonwealth Dairy “correct its practices and to comply with consumer protection statutes nationwide.”

The plaintiff is represented by Jason P. Sultzer of the The Sultzer Law Group, P.C.

The Yo-Yummy Yogurt “All Natural” Class Action Lawsuit is Timothy Condon, et al. v. Commonwealth Dairy LLC, Case No. 7:16-cv-02295, in the U.S. District Court for the Southern District of New York.