Yucatan Guacamole Class Action Challenges ‘95% Avocado’ Label

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Yucatan guacamole is mislabeled in a way designed to deceive consumers, according to a new class action lawsuit.

Plaintiff Scott Miller claims defendant Yucatan Foods mislabels some varieties of Yucatan guacamole as being “all natural” and other types as containing nothing but avocado and spices.

California-based Yucatan Foods makes and sells several varieties of guacamole under the brand names Yucatan and Cabo Fresh.

According to Miller’s Yucatan Foods class action lawsuit, three types of Yucatan guacamole are mislabeled as containing “95% avocado; 5% spices,” when in fact they contain many other ingredients.

The specific varieties at issue are Yucatan Authentic Guacamole, Yucatan Mild Guacamole, and Yucatan Spicy Guacamole.

In fact, Miller says, these guacamoles contain other ingredients like evaporated cane juice, citric acid, ascorbic acid and xanthan gum – ingredients that are neither spices nor avocado.

The products contain other ingredients like onion powder, garlic powder and minced onion. Even these ingredients are not actually “spices,” Miller claims.

He cites an FDA compliance guide that specifically excludes many ingredients like garlic powder and onion powder from being considered “spices.”

Although these ingredients are disclosed on the products’ ingredient list, Miller argues, the rest of the products’ labeling is designed to make consumers believe the products contain nothing other than avocado and spices.

Miller also takes issue with the “all natural” labeling on several other varieties of Yucatan guacamole.

Consumers reading the “all natural” representation on the labels for Yucatan guacamole would reasonably conclude these products contain no artificial or synthetic ingredients, Miller says, and that they consist only of ingredients that have been minimally processed.

But these varieties also contain citric acid, ascorbic acid and xanthan gum. Miller argues that no reasonable consumer would consider these ingredients to be “natural.”

Miller says this “all natural” labeling appears on Yucatan Organic Guacamole, Yucatan Ranch Guacamole, Authentic Cabo Fresh Guacamole, Spicy Cabo Fresh Guacamole, and Classic Mild Cabo Fresh Guacamole, as well as on other varieties that feature the avocado and spices representation.

Consumers perceive foods labeled as “all natural” as being higher in quality and nutrition than other foods that are not so labeled, he says. That greater interest allows companies to charge a higher price for foods with an “all natural” label.

Miller believes the alleged discrepancies on labeling for Yucatan guacamole is false and deceptive. He says Yucatan Foods purposely uses this deception to induce consumers to buy its guacamole and to pay a premium for the products over what they would have paid if they knew the truth about their ingredients.

Miller proposes to represent two specific plaintiff Classes of Yucatan guacamole purchasers – one Class for purchasers of guacamole with the “5% spices” representation, and the other for purchasers of guacamole with the “all natural” representation.

He seeks an award of damages, including a $5,000 statutory damage award for each Class Member who is a disabled person or senior citizen. He also seeks restitution, injunctive relief, and reimbursement of court costs and attorney’s fees.

Miller is represented by Adam J. Gutride, Seth A. Safier, Marie A. McCrary and Kristen G. Simplicio of Gutride Safier LLP.

The Yucatan Guacamole False Advertising Class Action Lawsuit is Scott Miller v. Yucatan Foods LP, Case No. BC645421, in the Superior Court of the State of California, County of Los Angeles.