Lean Cuisine Class Action Says ‘No Preservatives’ Label is Deceptive

A class action lawsuit filed on Feb. 8 against Nestle USA Inc. alleges that the food company deceptively markets its Lean Cuisine frozen food products as containing “no preservatives” when that is not true.

Specifically, the class action claims that Lean Cuisines contain citric acid and/or acetic acid, which are known preservatives.

“By deceptively marketing the Products as having ‘No Preservatives,’ Nestle wrongfully capitalized on, and reaped enormous profits from, consumers’ strong preference for food products made free of preservatives,” the complaint asserts.

The Lean Cuisine class action lawsuit states that citric acid is clearly classified as a preservative by the U.S. Food & Drug Administration (FDA). The complaint cites the FDA’s website, which provides a list of preservatives and citric acid is the second item on that list.

Similarly, the class action claims that acetic acid is a “Class 1 preservative” and citric acid is a “Class 4 preservative” according to Canadian governmental organization Health Canada. The complaint claims that these ingredients are commonly used to protect frozen foods against harmful bacteria, such as salmonella.

This is not the only lawsuit Nestle is facing regarding its Lean Cuisines. Last December, a class action was filed in New York making similar allegations that Nestle deceptively markets its Lean Cuisine products as containing “no preservatives.” In the New York action, plaintiff Courtney Ross claims that she purchased some Lean Cuisine frozen meals believing that the advertising was accurate. But because the products actually contain citric acid, she has no use for them.

Here, plaintiff Barbara Moore of Solana Beach, Calif., says she purchased at least six different types of Lean Cuisines, relying on the products’ prominent labeling that they contained “no preservatives.”

Moore claims that she paid a premium price for these products, and would not have paid as much had she known that they did in fact have preservative ingredients included.

“Further, should Plaintiff encounter the Products in the future, she could not rely on the truthfulness of the packaging, absent corrective changes to the packaging and advertising of the Products,” according to the class action. The class action alleges that by making these deceptive claims, Nestle has violated California consumer protection and warranty laws.

This “no preservatives” deceptive marketing lawsuit requests certification of a Class of “[a]ll California citizens who, from February 4, 2010 to the present, purchased the Products for personal, family, or household use, and not for resale.”

The products include a lengthy list of “favorites” and “marketplace” Lean Cuisine meals. The class action seeks actual, statutory, and punitive damages for Class Members. In addition, the complaint asks for an injunction prohibiting Nestle from making its deceptive advertising and requiring a corrective advertising campaign.

Moore is represented by Brian J. Robbins, Kevin A. Seely, and Leonid Kandinov of Robbins Arroyo LLP, and Robert K. Shelquist and Rebecca A. Peterson of Lockridge Grindal Nauen PLLP.

The Nestle Lean Cuisine “No Preservatives” Class Action Lawsuit is Barbara Moore v. Nestle USA Inc., Case No. BC649808, in the Superior Court of the State of California, County of Los Angeles.