Drew’s ‘All Natural’ Salad Dressings Contain Synthetic Ingredients, Class Action Says

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A New York man claims that salad dressing sold under the Drew’s brand is falsely advertised as “All Natural” when in fact it contains synthetic ingredients.

Plaintiff Jeffrey Haack takes issue with the ingredients used in 14 different salad dressings and marinades marketed by Drew’s LLC. Haack says that the labeling on these products that indicated they are “All Natural” is actually false, because the products contain allegedly artificial ingredients like xanthan gum and disodium phosphate.

The Drew’s class action lawsuit includes images of the labeling on four different bottles of Drew’s salad dressing, all of which indicate the product is “All Natural.” An image of a Drew’s ingredient list is also included, showing some of the ingredients Haack says are synthetic.

Haack lists four ingredients in particular that he says cannot truthfully be described as “natural” – specifically, xanthan gum, disodium phosphate, lactic acid and citric acid. Some of these ingredients, like lactic acid, may exist in a natural form but still must be artificially derived for use as food additives, Haack alleges.

A reasonable consumer would not consider these ingredients “natural,” Haack argues. The all natural class action lawsuit cites guidelines issued by the USDA and the FDA for determining whether an ingredient may be considered natural or synthetic. Determining whether the ingredients in Drew’s salad dressings are natural or synthetic requires “a scientific investigation and knowledge of chemistry beyond that of the average consumer,” he claims.

Haack says that he and each proposed Class Member relied on Drew’s claims when they decided to buy those products. In fact, he says they paid a premium for those products based on the statements that they were made from all natural ingredients – a premium they would not have had to pay for similar products that were not labeled that way.

Haack says he bought the Drew’s products at issue in 2016 at his local Stop & Shop Supermarket. He says that if Drew’s had not made the allegedly false and misleading statement that the products were all natural, he wouldn’t have been willing to pay the same price for them and, therefore, wouldn’t have bought them at all.

Labeling these Drew’s products as “All Natural” violates New York State’s General Buisness Law, which generally prohibits deceptive business practices and specifically prohibits false advertising, the plaintiff claims. He says the labeling also violates similar consumer protection laws of 41 other states, making the claim suitable for class action lawsuit status.

The Drew’s class action lawsuit also raises claims for fraud, unjust enrichment, and breach of express warranty.

If certified by the court, Haack’s proposed Class will represent “all consumers who purchased the Products anywhere in the United States” during the applicable class period. He is also proposing a subclass consisting of Class Members who purchased the products in New York State.

He seeks an award of damages including treble and punitive damages, plus attorney’s fees and costs of litigation. He also wants a court order directing Drew’s to change its allegedly unlawful practices so that they comply with applicable state consumer protection laws.

Haack is represented by attorneys Jason P. Sultzer of The Sultzer Law Group and Melissa W. Wolchansky of Halunen Law.

The Drew’s False Advertising Class Action Lawsuit is Jeffrey Haack v. Drew’s LLC, Case No. 7:16-cv-06022, in the U.S. District Court for the Southern District of New York.