Inglehoffer Class Action Says Ground Mustard Contains Preservatives

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The makers of Inglehoffer Original Stone Ground Mustard were hit with a class action lawsuit alleging the condiment is deceptively marketed as containing “no preservatives.”

Lead plaintiff Daniela Quiroz alleges in her class action lawsuit that she and other consumers were duped into thinking they were purchasing a preservative free mustard.

However, the product, made by Beaverton Food Inc., allegedly contains citric acid – a preservative.

Quiroz, a resident of New York, says she paid a premium for the mustard at her local Target store, $2.51 for a 10-ounce jar, because she believed it to be a preservative free product.

She claims she and other consumers would not have purchased or paid so much for the product had they known the mustard contained citric acid.

“By marketing the Product as having ‘No Preservatives’, Defendant wrongfully capitalizes on and reaps enormous profits from consumers’ strong preference for food products made free of preservatives,” alleges the Inglehoffer class action lawsuit.

Beaverton Foods markets the 10-ounce variety of Inglehoffer Original Stone Ground Mustard as not having preservatives on both the jar and on their online marketing, according to the complaint.

“The advertising for the Product is designed to encourage consumers to purchase the Product and reasonably misleads the reasonable consumer, i.e. Plaintiff and the Class, into purchasing the Product,” states the Inglehoffer mustard class action lawsuit.

Further, points out the complaint, the 8-ounce variety of Inglehoffer Original Stone Ground Mustard does not make the claim that it contains “no preservatives.”

The plaintiff alleges that citric acid is classified as a preservative by the Food and Drug Administration and does not fall into any exemption. The plaintiff points out that the FDA has issued warning letters to other companies over inclusion of citric acid in products that did not declare the preservatives or their function on their branding.

According to the Inglehoffer class action lawsuit, citric acid is a well-known preservative within the food industry. “Citric acid is the most commonly used acidulant in the industry,” states the complaint citing industry descriptions. “As a food additive or food grade product, citric acid is used as a flavoring and preservative. The buffering properties of citrates are used to control pH and flavor.”

The plaintiff accuses Beaverton Foods of unjustly enriching itself by falsely advertising Inglehoffer mustard as preservative free.

“By representing that the Product has ‘No Preservatives’, Defendant seeks to capitalize on consumers’ preference for less processed foods with fewer additives and the association between such products and a wholesome way of life,” alleges the Ingelhoffer mustard lawsuit. “Consumers are willing to pay more for less processed products with no additives because of this association, as well as the perceived higher quality, health, and safety benefits associated with products labeled as being free of preservatives.”

The plaintiff seeks to represent a nationwide Class of consumers who purchased the 10-ounce jar of Inglehoffer Stone Ground Mustard, along with a New York subclass.

Quiroz alleges that Beaverton Foods violates consumer protection and/or advertising laws in all 50 states and is also committing fraud.

The plaintiff is seeking actual and/or statutory damages as well as restitution and disgorgement by Beaverton Foods. She also wants a court order stopping the alleged false advertising of the mustard and for Beaverton Foods to conduct a corrective advertising campaign.

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

The Inglehoffer Mustard “No Preservatives” Class Action Lawsuit is Quiroz v. Beaverton Foods Inc., Case No. 1:17-cv-07348, in the U.S. District Court for the Eastern District of New York.