By Sarah Mirando  |  March 26, 2013

Category: Legal News

Dole Salad KitA class action lawsuit filed Thursday claims Dole Salad Kits are deceptively labeled “All Natural,” even though they contain synthetic ingredients and preservatives that can potentially be dangerous.

Plaintiff Traci Wallerstein alleges in the potential class action lawsuit that Dole Fresh Vegetables Inc. is preying on health-conscious consumers by placing “All Natural” labels on its 10 Salad Kits, “even though Defendant knows such statements are false, deceptive, misleading and unfair.”

As a result of these deceptive labels, consumers are induced into purchasing Dole Salad Kits over competing products and are willing to pay “a premium price” for their supposedly purer ingredients, the class action lawsuit says.

Wallerstein says many consumers are unaware that the salads actually contain unnatural synthetic ingredients like xanthan gum, sodium benzoate and phosphoric acid. Furthermore, when ascorbic acid and the preservative sodium benzoate are combined, they can form cancer-causing benzene, the lawsuit says.

Wallerstein is seeking to represent either a nationwide class or New York state class of consumers who purchased the following All-Natural Dole Salad Kits:

Asian Island Crunch Kit
Caesar Salad Kid
Endless Summer
Garlic Caesar Salad Kit
Light Caesar Salad Kit
Perfect Harvest Salad Kit
Southwest Salad
Spinach Cherry Almond Bleu
Ultimate Caesar
Value Size Caesar Kit

The plaintiff is seeking damages, including treble damages and punitive damages, injunctive relief and more for alleged breach of express warranty, unjust enrichment and violations of the Consumer Legal Remedies Act, California’s Unfair Practices Act and New York’s General Business Law.

The Dole Salad Kit Class Action Lawsuit case is Traci Wallerstein et al v Dole Fresh Vegetables Inc., Case No. 13-cv-1284, U.S. District Court for the Northern District of California.

The plaintiffs are represented by Jon A. Tostrud of the Tostrud Law Group P.C. and Todd S. Garber and Jeremiah Frei-Pearson of Meiselman Packman Nealon Scialabba & Baker P.C.

 

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58 thoughts onDole “All Natural” Salad Kit Class Action Lawsuit

  1. Angelica Romero says:

    Add me

  2. Gail Beisel says:

    add to list and send a claim form Thanks

  3. Gail Beisel says:

    Please add me to list and send a claim form

  4. Internet queen says:

    Hello folks,
    I search counties in New York and I believe I have found the plaintiff (Traci Wallerstein) on the County of Westchester County Clerks Office website. Someone please double check for me. It appears to show Ms. Traci and consolidations of debts and remortgages, etc. Wallerstein has liens/or judgements for 2 college loans that total over $ 15,000 and has numerous mortgages through the years on a home. Is it the interest of the people or ones ownself when someone sues a company for 5 million? Please take a look for yourself.

  5. Internet Queen says:

    #38 (Diane) I am with you all the way.

    You and I did our research of the term “all natural.”

    Research the plaintiff…you may find interesting information on the plaintiff..usually thats the way it goes in these types of lawsuits.

  6. Internet Queen says:

    One more comment…food for thought….google “all natural” and see what you find.

    You may just scratch your head and go…hmmmmm.

  7. Internet Queen says:

    Hello all,

    I do understand your concerns as listed above.

    But, is it DOLE we need to go after or is it the FDA.

    If you do some research on the internet, you will see that the FDA may be the one who needs to define the word “natural”.

    And the person who initiated the lawsuit….you can google them to find out how in debt they are financially and they may be looking for a way out of their debt crisis. Hmmm…just a thought but a fact.

    Regradless, I do understand all the concerns of a product listed as “natural” and how the consumer views those words.

    It is similar to the word “decaffenated.” A lot of coffees have a lot of caffeine even though the say decaffenated.

    I think it boils down to the FDA needs to stand up and make regulations that are clear and detailed. If they did that first, then a lot of labels would be clearer to all the consumers.

    Just a thought…it is easy for us to be mislead if we are not on top of that these “words” actually mean.

  8. Sherry Cockerham says:

    I have bought these salads every week thinking they where healthy. Now there not!!!!????? Am I going to get cancer????? How much is that worth???? It’s not. We trust these companies when we buy their products. Especially when we consume them. How upsetting for me trusting them for my family.

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