Trader Joe’s Class Action Says Fruit Bars are Falsely Advertised

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A class action lawsuit alleging fruit bars sold by the popular grocery chain Trader Joe’s are falsely advertised was filed in New York federal court.

Lead plaintiff Freddie Jamison says that he and other consumers were duped into thinking that Trader Joe’s various “fruit bars” only contained fruit that was “made by taking whole intact fruits, washing, dicing or chopping, expressing juice, etc., then moulding or shaping together to form the final product.”

However, the Trader Joe’s class action lawsuit claims that the products could not hold their shape without the use of apple powder and other ingredients that Trader Joe’s misleadingly labels as simply “apples” on the product packaging.

According to the Trader Joe’s class action lawsuit, Trader Joe’s sells fruit bars in four different varieties – apple/mango, apple/banana, apple/coconut and apple/strawberry. The plaintiff says that he and other consumers pay $1.99 per bar.

Jamison alleges that consumers pay a premium for the Trader Joe’s fruit bars because the misleading labels make consumers think that the bars are processed from whole fruits. The plaintiff says that he would not have purchased or paid as much for the bars had he known that they included fruit powders and juices.

“Defendants’ representations have enabled them to command a substantial premium in comparison to alternative fruit bar products which use specific instead of collective names to designate their ingredients,” alleges the Trader Joe’s fruit bars class action lawsuit.

Instead of being made from whole fruits, says the plaintiff, the Trader Joe’s fruit bars are made of fruit powders, juices, and purees produced through dehydration, heating, evaporation, and other processes that make them derivative products, specifically, apple powder.

“Apple powder (and fruit powder generally) is used for its functional properties,” notes the Trader Joe’s class action lawsuit. “Including (1) binding components together with its high levels of pectin, (2) aiding humectancy, (3) increasing fiber content, (4) controlling water activity and (5) assisting with pH regulation.”

The plaintiff says that he and other consumers would not have expected Trader Joe’s fruit bars to contain apple powder based on representations in the packaging that the bars are “Raw” and “vegan.”

“Since fruit powder is derived directly from juices and/or purees, it is deceptive and misleading for the Products’ representations to indicate they are made through directly transforming the raw material fruit ingredients into the final product, without the use or addition of any processed derivative products,” alleges the Trader Joe’s fruit bars class action lawsuit.

Further, alleges the plaintiff, it is deceptive for Trader Joe’s to not include water in the ingredients list since water must be added to reconstitute or rehydrate the powders and pieces used to make the fruit bars.

Jamison seeks to represent a nationwide Class of consumers who purchased Trader Joe’s fruit bars as well as a New York subclass. The Trader Joe’s class action lawsuit alleges that Trader Joe’s labeling practices violate New York business laws and constitutes negligent misrepresentation, fraud, breach of warranty, and unjust enrichment.

The plaintiff is seeking monetary damages as well as an injunction against Trader Joe’s requiring the company to correct its allegedly false advertising.

Jamison is represented by Joshua Levin­-Epstein of Levin­-Epstein & Associates PC and Spencer Sheehan of Sheehan & Associates PC.

The Trade Joes Fruit Bar False Advertising Class Action Lawsuit is Jamison v. Trader Joe’s Company, et al., Case No. 1:18­-cv­-02216, in the U.S. District Court for the Eastern District of New York.