Chobani Class Action Lawsuit Says Vanilla Creamer Contains Fake Flavors

A new class action lawsuit accuses Chobani of using artificial flavors in its vanilla coffee creamer, rather than natural vanilla implied by the label.

Plaintiffs Louise Gaskell and Jewel DeWitt claim the company’s “unqualified, prominent and conspicuous” representation of the product as “vanilla” is false, because the creamer contains non-vanilla flavors meant to imitate vanilla’s taste. The plaintiffs say the front label does not disclose these flavors to consumers.

The genus plant that forms on the tropical vanilla orchid is the source of natural vanilla flavoring, the complaint explains. Because it is difficult to recreate vanilla’s complex flavor, consumers are willing to pay more for products labeled only “vanilla.”

Due to widespread fraud in the early part of the 20th century, vanilla became the only flavor for which a standard was established, the Chobani class action lawsuit states.

These standards require that if a product is labeled as “vanilla,” the label must also declare any non-vanilla flavors that are used to increase or promote the vanilla taste in the product, the plaintiffs say. If other flavorings are added, the vanilla is no longer a standardized product.

The plaintiffs say because Chobani labeled its creamer only as “vanilla,” without other terms such as “flavored” or “other natural flavor,” this should mean only vanilla ingredients provide its taste.

The Chobani creamer’s ingredient list reveals the product contains more non-vanilla “natural flavors” than “vanilla extract,” the class action lawsuit says. Although the ingredient list designates “natural flavors,” the front label does not mention any non-vanilla flavors.

Gaskell and DeWitt say in order for Chobani to avoid mentioning “natural flavors” on the front label, they would have to provide a flavor completely unrelated to vanilla.

“It is implausible and illogical that a product would be characterized as vanilla on the one hand and then try to add flavors that minimize, instead of amplify vanilla,” the Chobani creamer class action lawsuit states.

Rather, the Chobani creamer’s “natural flavors” provide creamy, sweet and vanilla-like notes, according to the class action lawsuit. Because the non-vanilla flavors are not chemically identical to vanilla extract, Chobani is required to disclose it has added them.

The plaintiffs say consumers “cannot be expected to know intricate labeling regulations for vanilla ingredients and the array of flavor compounds companies use to boost and simulate vanilla,” which makes Chobani’s representation of the creamer as “Vanilla” misleading.

“A reasonable consumer cannot follow up or learn the truth that the Product’s ‘natural flavors’ should be labeled as ‘artificial flavors’ because such flavors affect the amount of vanilla used and provide flavor notes associated with vanilla,” the Chobani class action lawsuit says.

In addition, the plaintiffs say, Chobani was able to sell more of the creamer at higher prices than it would have been able to without the misleading representation.

This reportedly resulted in higher profits for the company at the expense of consumers.

The Chobani creamer is sold at a premium price, about $4.49 for a 24-ounce bottle before tax, compared with similar products “represented in a non-misleading way,” the complaint says.

The value of the Chobani creamer that plaintiffs purchased and consumed was materially less than its value as represented by the company, the plaintiffs maintain. The plaintiffs claim had they known the truth, they would not have bought the creamer or would have paid less for it. 

The Chobani creamer class action lawsuit alleges Chobani is in violation of New York General Business Law because it “misrepresented the substantive, quality, compositional, organoleptic and/or nutritional attributes of the Product.”

Chobani also had a duty to provide non-deceptive marketing of the creamer, and knew or should have known its representations were false or misleading, the complaint continues.

The plaintiffs accuse Chobani of fraud, breach of warranty and unjust enrichment.

Gaskell and DeWitt ask the Court to declare their case a proper class action; to enter preliminary and permanent injunctive relief by directing Chobani to correct the practices alleged in this case; to provide injunctive relief to correct or remove the “challenged practices and representations”; to grant restitution and disgorgement for Class Members; to award monetary damages and interest, court costs and expenses, including attorneys’ fees; and to provide any other relief deemed just.

Have you purchased Chobani vanilla creamer believing it to be flavored only with natural vanilla? Tell us about your experience in the comments section below.

The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates PC.

The Chobani Vanilla Creamer Class Action Lawsuit is Louise Gaskell, et al. v. Chobani LLC, Case No. 7:20-cv-05199, in the U.S. District Court for the Southern District of New York.

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