Capri Sun Class Action Says Drinks Aren’t Preservative-Free

Two consumers allege in a class action lawsuit that the makers of Capri Sun falsely claim that the drink is preservative-free.

Lead plaintiffs, Katrina Tarzian and Senia Hardwick, claim in their class action lawsuit that Kraft Heinz Food Company, the maker of Capri Sun beverage pouches, represents that the drink contains “No Artificial Coloring, Flavors, or Preservatives.”

However, Capri Sun contains citric acid, a well-known preservative, according to the Capri Sun class action lawsuit.

“Conscious of consumers’ increased interest in more nutritious beverages free of additives and willingness to pay more for products perceived to meet this preference, Defendant misleadingly, illegally, and deceptively seeks to capitalize on these consumer health trends,” alleges the Capri Sun class action lawsuit.

The Capri Sun class action lawsuit encompasses nearly 40 varieties of Capri Sun drinks, from Tropical Punch to Grape Blast.

The plaintiffs, New York and Illinois residents, each say that they relied on representations that Capri Sun was preservative-free when deciding to purchase the juice pouches. They say they paid between $2 and $3 for the product.

Tarzian alleges that the “Defendant delivers a Product with significantly less value than was warranted by its representations, thereby depriving her of the benefit of her bargain and injuring her an amount up to the purchase price.”

According to the Capri Sun class action lawsuit, citric acid is regarded by food industry experts and the U.S. Food and Drug Administration (FDA) as a preservative.

In fact, points out the Capri Sun class action lawsuit, another company was warned by the FDA to discontinue misbranding a product containing citric acid as not having preservatives.

Referencing the expertise of a food scientist, the Capri Sun class action lawsuit says that citric acid acts as a preservative in multiple ways – by killing microbes, functioning as a sequestrant, acting as an antioxidant, and working as an acidity regulator and acidulant.

Though citric acid can also impart taste, the plaintiff’s food expert concludes that the amount of the substances included in Capri Sun leads it to function as a preservative by serving as an acidulant – lowering the pH-level of the product and combatting microorganisms.

The plaintiffs, alleges the Capri Sun class action lawsuit, “paid money for Products that they were led to believe were preservative-free but then received Products that were preservative-laden, which have significantly less value.”

“American consumers are increasingly seeking out and purchasing foods that they perceive are principally made of ingredients that are healthful and nutritious,” contends the Capri Sun class action lawsuit.

“Consumers are willing to pay more for less processed products with no additives because of this association we well as the perceived higher quality, health, and safety benefits associated with preservative-free foods.”

According to the Capri Sun class action lawsuit, Kraft Heinz has violated numerous state laws, as well as federal law.

The Capri Sun class action lawsuit seeks to represent a nationwide Class of Capri Sun purchasers, along with Illinois and New York subclasses.

In addition to compensatory and statutory damages, the Capri Sun class action lawsuit is seeking a court order stopping the alleged false advertising and requiring a corrective advertising campaign regarding Capri Sun.

The plaintiffs are represented by C.K. Lee of Lee Litigation Group PLLC.

The Capri Sun No Preservatives Class Action Lawsuit is Tarzian, et al. v. Kraft Heinz Food Company, Case No. 1:18-cv-07148, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

UPDATE: On Oct. 10, 2019, Kraft dodged a class action lawsuit that claimed Capri Sun’s labeling fraudulently advertises the drinks as being preservative-free when they actually contain citric acid.