Class Action: Publix Toaster Pastries Don’t Contain ‘Real Fruit’

Last week, a class action lawsuit was filed in Florida federal court accusing Publix Supermarkets Inc. of marketing its Publix toaster pastries as containing real fruit when they actually have artificial ingredients.

Lead plaintiff Amber Jackson alleges in her class action lawsuit that Publix deceives consumers when it includes “real fruit” and indicates the product contains “juicy strawberries” on the packaging of its toaster pastries. The plaintiff alleges that the Publix toaster pastries do not actually contain real fruit.

Jackson argues that Publix deceives consumers with this marketing in violation of Florida state law and charges a premium for the product based on these misleading representations. “Plaintiff and members of the Class were charged a price premium for the Products over and above other products that do not claim to be ‘Made with Real Fruit’ and with ‘juicy strawberries,’” she alleges in the Publix toaster pastries class action lawsuit.

According to the Publix class action lawsuit, Jackson purchased several varieties of the supermarket chain’s toaster pastries, including the frosted strawberry and blueberry toaster varieties, for herself and her child. Jackson claims that if she had known the Publix toaster pastries were made of artificial ingredients and did not actually contain real fruit, she would not have purchased the products.

Jackson alleges that she and numerous other consumers have been deceived by the Publix toaster pastries packages that allegedly say they are made with “real,” “juicy” fruit, but that the pastries are really made with artificial coloring, high fructose corn syrup and other ingredients “neither found in ‘real fruit’ nor ‘juicy strawberries.’”

“Defendant’s representations that the products are ‘made with real fruit’ and contain ‘juicy strawberries’ is false, misleading and likely to deceive reasonable customers because the products are not ‘made with real fruit’ and do not contain any real strawberries, juicy or otherwise,”Jackson argues in the class action lawsuit.

Jackson seeks to represent a Class of consumers who purchased Publix toaster pastries nationwide.

The class action lawsuit hits the supermarket chain for claims of negligent misrepresentation, unjust enrichment, breach of express warranty and violations of the Florida Deceptive and Unfair Trade Practices Act. The plaintiff seeks compensatory damages for buyers of Publix-brand frosted blueberry, strawberry, cherry and wild berry toaster pastries, as well as the plain blueberry and strawberry varieties. The plaintiff is also seeking for the court to enjoin Publix from further violating labeling laws.

“Had Defendant not made the false, misleading, and deceptive representations and omissions, Plaintiff and the other Class members would not have been economically injures because Plaintiff and other Class members would not have purchased the Products,” says the Publix toaster pastries class action lawsuit.

In a related action, the food company Nabisco won a similar packaging class action over “real fruit” allegations when a California federal judge ruled that the plaintiff had not plausibly alleged that the company falsely labeled its Newton cookies as “made with real fruit” when they were made with fruit puree.

Jackson is represented by Michael T. Fraser of The Fraser Law Firm PC.

The Publix Toaster Pastries Class Action Lawsuit is Jackson v. Publix Supermarkets Inc., Case No. 6:15-cv-01113, in the U.S. District Court for the Middle District of Florida.