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Food manufacturer Hormel was hit with a putative class action lawsuit alleging that it includes synthetic ingredients and preservatives in food labeled as “100% Natural” or containing no preservatives.
Lead plaintiff Benjamin Phelps claims that Hormel manufactures products with cultured celery powder and baking powder and then labels these items as “100% Natural” and “No preservatives, but these products include genetically modified ingredients like maltodextrin.
According to the complaint, “[c]ultured celery powder is a preservative high in nitrates,” and “several of the Hormel products containing cultured celery powder also contain lactic acid starter culture.”
“This lactic acid starter culture induces the further breaking down of nitrates within the celery powder, producing more nitrites,” alleges the plaintiff in his complaint.
The plaintiff also claims that baking powder included in Hormel products results in the inclusion of synthetic ingredients, like monocalcium phosphate, sodium acid pyrophosphate, and sodium aluminum sulfate.
“According to the FDA, [sodium acid pyrophosphate] does not belong in products making ‘100% Natural’ claims, because SAPP is a synthetic substance,” Phelps says.
The plaintiff alleges that USDA policy takes into account the level of processing for natural food claims on food labeling and only allows foods to be labeled as “natural” when they do not contain artificial flavorings and colorants, chemical preservatives or artificial ingredients.
The foods must also be “minimally processed,” according to the complaint.
“The ‘100% Natural’ claims are false because the Hormel products contain ingredients that are synthetic and so heavily processed that they are no longer chemically the same as the raw ingredients,” claims the plaintiff in his class action.
The plaintiff alleges that consumers paid a premium for Hormel products that were labeled “100% Natural.”
The plaintiff also points to a warning letter from the FDA to Alexia Foods from 2011 stating that products containing synthetic ingredients cannot be labeled “all natural.”
“As a consequence of Defendant’s unfair and deceptive practices, Plaintiff and members of the Class purchased the Hormel products under the false impression that, by purchasing Defendant’s products, they would be receiving products that were in fact ‘100% Natural’ with ‘No Preservatives,’ or products completely void of synthetic ingredients, preservatives, and genetically modified ingredients,” alleges the plaintiff in his class action.
The plaintiff claims that Hormel violated Florida consumer protection laws as well as food safety acts by misbranding its products as all natural.
Additionally, the complaint claims that Hormel was unjustly enriched by their misrepresentations.
“Over time, Hormel has cultivated and reinforced a corporate image that has catered to this ‘100% Natural’ theme and has boldly placed this claim on its products, despite the fact Hormel uses synthetic ingredients and preservatives,” alleges the plaintiff in the class action lawsuit.
The plaintiff seeks to represent a nationwide Class of consumers who purchased Hormel products, as well as a subclass of Florida consumers. The plaintiff is seeking declaratory relief, restitution and disgorgement, as well as attorney’s fees and costs.
The lead plaintiff is represented by Tim Howard, J.D., Ph.D. of Howard & Associates PA.
The Hormel “All Natural” Misbranding Class Action Lawsuit is Phelps v. Hormel Foods Corporation, Case No. 0:16-cv-62411, in the U.S. District Court for the Southern District of Florida.
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51 thoughts onHormel Class Action Says Natural Choice Products Mislabeled
I have been using Hormel products for years. Count me in
Between additives and mislabeling, you never know what they will do next with our food products…. Add me
Count me in!
add me please. I was mislead many times by their labeling
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please add me. This is a product I have purchased many times and believed the claims on the package.
Ok, you all realize that there is at least one brand of baking powder that does not contain maltodextrin or any of the other ingredients this case alleges, right?
Has anyone actually bothered to find out who manufactures the baking soda they use?! The Feingold Association does that and finds out if a vendor or packaging plant adds anything to the individual ingredients and, like I said, there’s at least one brand name that has nothing but baking soda in it. No, you can’t just trust the label for this information, but I think Hormel can easily win this, legitimately.
As for gmo, well, baking soda that doesn’t have anything else in it doesn’t have maltodextrin, so it’s very possible the baking soda has no gmo.
I can’t imagine anyone believes baking soda can be unnatural if it doesn’t have any added ingredients. It’s made of chemical compounds, which by definition means it’s not been changed in some magical way.
As for the celery, of course it contains naturally occurring nitrites or nitrates! This is listed on the front of the flipping package of bacon! That’s why they use celery powder.
Celery powder or cherry powder, along with the vacuum packaging, naturally preserves the meat more than long enough to buy it and safely consume it in a reasonable amount of time. I think that’s a month for the bacon.
Freeze it before the expiration date and it’s perfect for a month or more longer. I don’t freeze deli meat so I can’t say what will happen to the texture during freezing, but it would be safe, and I have no doubt it still wouldn’t have any unnatural ingredients in it.
Disclaimer: I’m in the eastern-most part of the mid-west; Great Lakes area. All of the above is true for my area, and for the South Eastern U.S. I’m quite certain it’s true nationwide. I can find out for you easily if there’s a way to contact me here…
Please include me in this claim
I buy because they say “natural” with no preservatives, I’m tried of feeling cheated & lied to, this is so frustrating. ..count me in. What am I going to do with the product I still have into the trash it go’s!
I have just purchased ham yesterday. I buy many natiral-labeled Hormel ham. I would like to know when the case is filed. Thank you.