Trader Joe’s Class Action Says Sour Gummies Contain Artificial Flavors

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A class action lawsuit claims Trader Joe’s gummy candy contains undisclosed artificial flavors and is falsely advertised as “all natural.”

Plaintiff Serena Wong claims that Trader Joe’s violated California law by not disclosing the fact that its store brand “Trader Joe’s Grapefruit Lime Tangerine Sour Gummies” contain artificial flavors as well as natural ones.

Allegedly, the company actively commits false advertising by conducting an advertising campaign touting the candy as “all natural,” though the product contains a synthetic petrochemical, d-l malic acid, used to make the candy taste sour.

Advertisements for Trader Joe’s allegedly state that Trader Joe’s uses no artificial flavors in its store brand foods. The Trader Joe’s false advertising class action lawsuit cites an ad that states “artificial flavors are synthetic chemical mixtures that mimic a natural flavor in some way. We use only ‘natural flavors’ in our products.” Allegedly, the gummy candy includes synthetic flavoring that mimics natural flavor, at odds with Trader Joe’s advertised promise.

Furthermore, Wong claims that the gummy candy’s packaging also misrepresents the nature of the product’s ingredients. She states that California law, which incorporates guidelines from the U.S. Food, Drug, and Cosmetic Act, requires food packaging to “accurately describe the nature of the food product and its characterizing flavors.”

Wong argues that the “sour” flavor is advertised as a characterizing flavor, and therefore should be accurately described as artificial to be in compliance with federal and state law.

The Trader Joe’s class action lawsuit claims that neither the front nor back label, which includes an ingredient list, alerts consumers to the fact that d-l malic acid is an artificial ingredient.

Wong says Trader Joe’s intentionally misrepresents its candies to cater to consumers’ preference towards natural foods over those with synthetic ingredients. She claims that consumers see “natural” foods as healthier than synthetic foods and actively seek out natural foods when shopping.

The Trader Joe’s class action lawsuit states that consumers have no choice but to rely on a product’s labeling to make purchasing decisions. Trader Joe’s practice of incorrectly advertising its gummies misleads consumers and prevents them from being able to make informed purchasing decisions, Wong says.

Allegedly, the company attempted to save money by producing candies with synthetic ingredients, as synthetic ingredients are cheaper than natural ones. Subsequently, Wong claims that the company charged a higher price for the advertised “natural” gummies that it would have otherwise been able to charge for comparable, synthetic gummies. These factors allegedly allowed Trader Joe’s to maximize its profits at the expense of its customers.

Wong claims that she, like many other consumers, would not have paid as much for the gummies had she known that they were made with artificial ingredients, or would not have bought the candy at all. She seeks damages for herself and similarly affected consumers.

The plaintiff is represented by Ronald A. Marron and Michael T. Houchin of the Law Offices of Ronald A. Marron APLC.

The Trader Joe’s “All Natural” Gummy Candy Class Action Lawsuit is Serena Wong v. Trader Joe’s Company et al., Case No. 3:18-cv-00869-JLS-JLB, in the U.S. District Court for the Southern District of California.