Kroger Class Action Lawsuit Claims Aloe Gel Contains No Aloe Vera

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A class action lawsuit claims that Kroger Brand “Aloe Vera After Sun Gel” is falsely advertised and contains no aloe vera.

Plaintiff Alex Kocoglu states that in 2017, he purchased a bottle of Kroger’s “Aloe Vera After Sun Gel” at a Ralphs store in Los Angeles.

He claims that he bought the product based on its advertising on the label, including the image of an aloe plant on the front label and the ingredient list on back, which he says indicated that the product contained aloe vera.

The Kroger false advertising class action lawsuit claims that Kroger misrepresented its product as containing aloe vera, when in reality, it contains no aloe vera.

This argument hinges on Kocoglu’s claim that independent testing, using proton nuclear magnetic resonance spectrometry, showed that the product did not contain aloe vera or aloe barbadensis leaf juice. Allegedly, the testing specifically did not detect the presence of Acemannan, a chemical that indicates the presence of aloe vera.

The Kroger aloe gel class action lawsuit claims that a monograph by the American Herbal Pharmacopeia states that for a product to qualify as aloe leaf extract, a product should contain no less than 5 percent dry weight of acetylated polysacchardies (Acemannan) no more than 5 percent dry weight of isocitric acid as determined by proton nuclear magnetic resonance spectrometry.

Kocoglu alleges that because Kroger’s product does not pass the aforementioned testing standards, the company’s practice of marketing it as aloe gel constitutes false advertising. He argues that “the difference between the product promised and the product sold is significant. The lack of aloe vera in the product diminishes its value to zero.” He claims that he and many other consumers would not have purchased the product at all had they known it contained no aloe vera.

The Kroger product misrepresentation class action lawsuit claims that the company knew or should have known that their product contained no aloe vera and that their marketing strategy was deceptive. The aloe vera false advertising class action lawsuit claims that Kroger misrepresented its product as aloe vera to capitalize on consumers’ interest in and trust in the efficacy of aloe vera.

Aloe vera is used as a natural treatment for burns, sunburns, and skin dryness. It is widely sought out for its medicinal and healing properties, and consumers purchase products that contain aloe vera to gain the benefit of the product’s ingredient, according to the Kroger class action. However, Kocoglu says consumers must rely on packaging to make informed purchasing decisions, and misrepresentation of a product should be considered false advertising and deceptive packaging.

Kocoglu seeks damages for himself and all other similarly affected consumers, including but not limited to the price that consumers paid for the product.

The plaintiff is represented by Gerald B. Malanga of Lattie | Malanga | Libertino LLC and Alice A. Curry of the Law Office of Alice A. Curry.

The Kroger Falsely Advertised Aloe Gel Class Action Lawsuit is Alex Kocoglu v. The Kroger Co., Case No. 2:18-cv-02132, in the U.S. District Court for the Central District of California.