Newman’s Own Class Action Says Pasta Sauces Aren’t Really ‘All Natural’

A putative class action lawsuit claims Newman’s Own falsely labels its pasta sauces as “all natural” in an attempt to get consumers to pay more for them.

Plaintiff Heung Man Wong of New York is taking on Newman’s Own Inc. for labeling its pasta sauces as “all natural” when in fact they contain citric acid, “a non-natural, chemically processed ingredient.”

In this Newman’s Own class action lawsuit, Wong argues the company is exploiting consumers’ interest in natural foods. He cites a 2009 survey by the Shelton Group that found “100% natural” was the most popular food label among consumers, with “all natural ingredients” coming in second.

Wong says that because of this interest, consumers are willing to pay more for foods identified as “all natural.” By adding that indicator to the label on its pasta sauces, Wong claims, Newman’s Own deceptively lures consumers into spending more on a product than they would have if they knew it contained citric acid.

Despite the word “citric” in its name, Wong says commercially-used citric acid is no longer derived from citrus fruit. It’s now manufactured via industrial fermentation using certain genetically mutated strains of a black mold fungus, he claims.

He quotes a report from the U.S. Department of Agriculture describing the lengthy chemical process used to produce citric acid in its commercially usable form. One USDA reviewer comments that the use of this complicated chemical process suggests citric acid should be considered “synthetic.”

Wong also cites guidance issued by the FDA on the use of the term “natural” in food labeling. While the agency stops short of adopting a formal definition of the term, it has not objected to its application to food that “does not contain added color, artificial flavors, or synthetic substances.”

Similarly, dictionary definitions of the word “natural” leave no room for its application to products that contain any artificial or synthetic ingredients, Wong claims. For that reason, Wong argues that a reasonable consumer would understand an “all natural” label to be an assurance that the product contains nothing artificial or synthetic.

At issue in this Newman’s Own class action lawsuit are all of that company’s 15- and 24-ounce pasta sauces that contain citric acid. Wong lists 16 specific varieties and leaves room to add more to the list as they are discovered.

Wong is proposing to represent a plaintiff Class consisting of all persons in the U.S. who made retail purchases of Newman’s Own pasta sauces that contain citric acid, within the applicable statutory limitations period.

He seeks a court order requiring Newman’s Own to stop the advertising at issue and to engage in a corrective advertising campaign. He also seeks an award of damages and restitution of all revenues that Newman’s Own obtained through the allegedly deceptive advertising, plus court costs and attorneys’ fees with interest.

Wong is represented by attorneys C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Newman’s Own “All Natural” Pasta Sauce Class Action Lawsuit is Heung Man Wong v. Newman’s Own Inc., Case No. 1:16-cv-06690, in the U.S. District Court for the Eastern District of New York.