Campbell Soup Class Action Challenges ‘No Preservatives’ Claim

The Campbell Soup Company is facing a class action lawsuit alleging it falsely represents some of its soups as having “No Preservatives Added” even though they contain the preservatives citric acid and/or ascorbic acid.

Plaintiffs Chelsea Cabrega of California and Jamie Joslin of New York allege in the Campbell Soup class action lawsuit that they purchased Campbell Soup products based on the representation on the container that the products contained no preservatives.

The products are deceptively labeled because they contain citric acid and/or ascorbic acid, which are defined by the U.S. Food and Drug Administration as preservatives, according to the Campbell Soup class action lawsuit.

Cabrega and Joslin point to a Warning Letter the FDA sent to the manufacturer of Chiquita-brand “Pineapple Bites” products, which noted the products were misbranded because they contain ascorbic acid and citric acid but their labels fail to inform consumers that the products contain these preservatives.

Cabrega says she paid $1.99 for an 18.7-ounce container of Campbell’s Homestyle Harvest Tomato and Basil Soup, and that she decided to make the purchase in reliance on the “No Preservatives Added” representation on the container.

Similarly, Joslin says she paid a premium price of $3.19 for a 15.5-ounce container of Campbell’s Slow Kettle Style Sweet Tomato and Bisque soup, and that she decided to make the purchase in reliance on the prominent statement on the label: “Made With Patience, Not Preservatives.”

Both plaintiffs claim that they would not have purchased the Campbell’s soup products had they known they included less valuable contents than advertised.

According to the Campbell Soup class action lawsuit, the plaintiffs and putative Class Members had no reason to know at the point of sale that the Campbell’s products were misbranded.

“By representing that the products have ‘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,” the Campbell Soup class action lawsuit states.

“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.”

Cabrega and Joslin filed the Campbell Soup class action lawsuit on behalf of themselves and a proposed Class of consumers in the United States who purchased Campbell’s products that were allegedly mislabeled as containing no preservatives. They also seek to include a California and a New York subclass.

The Campbell Soup class action lawsuit accuses Campbell of violating consumer protection statutes in all 50 states and the District of Columbia.

The plaintiffs seek restitution and disgorgement of all amounts obtained by Campbell as a result of its alleged misconduct; compensatory, actual and/or statutory damages; an order requiring Campbell to stop its allegedly wrongful conduct and to engage in a corrective advertising campaign; pre- and post-judgment interest; attorneys’ fees and costs; and other relief the court deems proper.

Cabrega and Joslin are represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Campbell Soup “No Preservatives Added” Class Action Lawsuit is Chelsea Cabrega, et al. v. Campbell Soup Company, Case No. 1:18-cv-03827, in the U.S. District Court for the Eastern District of New York.