Stauffer’s Class Action Says Lemon Snaps Lack Lemon

A recent class action claims that Stauffer’s Lemon Snaps do not contain real lemon, despite representations on the products’ packaging.

According to plaintiff Gilberto Cruz, he and other consumers were deceived by representations that Stauffer’s Lemon Snaps contained real lemon. Based on these representations, Cruz was allegedly manipulated into paying more for the product than he otherwise would.

Stauffer’s Lemon Snaps are small and flat drop cookies. The product packaging reportedly contains the products’ name, “Quality Since 1871,” a picture of the cookies, and an image of freshly picked lemons.

Cruz argues that, through the product name and lemon images, the Lemon Snaps’ labeling makes direct representations that the primary characterizing flavor of the cookies is lemon.

“Where a product designates its characterizing flavor as ‘Lemon’ without any qualifying terms – flavored, with other natural flavors, artificially flavored – consumers get the impression that its lemon taste is contributed only by the characterizing food ingredient of lemons, in the form of an exclusively lemon ingredient, i.e., lemon oil and/or lemon extract,” the Stauffer’s Lemon Snaps class action lawsuit claims.

Although this may seem obvious to consumers, this is significant in terms of product labelling law. When a characterizing flavor of a product is reinforced with or derived entirely from natural or artificial flavoring, federal law requires that these additions be noted on the front product labels.

For example, a product cannot be labeled with only the characterizing flavor (Lemon, Vanilla, etc.) if they contain additional flavorings.

If a product contains natural flavoring, this must be indicated on the label with a “flavored” or “naturally flavored” disclosure. If a product contains artificial flavoring, this too must be disclosed on the label, by describing the product as “artificially flavored.” Stauffer’s Lemon Snaps labeling allegedly fails to comply with these standards.

Despite the primary characterizing flavor of Stauffer’s Lemon Snaps being lemon, the ingredient list of the products reportedly contains no lemon oil or lemon extract. Instead of lemon-derived flavoring, the products contain “natural and artificial flavor” in the ingredient list.

Cruz claims that, despite lemon flavoring being absent from the ingredient list, the product labeling fails to disclose that the products’ primary characterizing flavor is derived from “natural and artificial flavor.”

The lack of these disclosures allegedly deceives consumers, such as Cruz, into believing that Stauffer’s Lemon Snaps are flavored only with lemon ingredients.

The Stauffer’s Lemon Snaps class action argues that “[t]he presence of artificial flavor that enhances and simulates lemon flavor is material because the absence of any front label statement indicating same tells consumers the Product does not contain such artificial flavor.”

Cruz argues that he and other consumers would not have purchased the products or would have paid significantly less for them if the public had been properly informed that the snack was not flavored with lemon and instead contained artificial flavoring.

Health conscious consumers are allegedly becoming more aware of artificial flavoring in their food products and seek to avoid these ingredients for a variety of reasons.

Whether it be nutrition, health or the general avoidance of highly processed ingredients, Cruz claims that the products’ lack of artificial flavoring disclosure has significant consequences for purchasing decisions.

“Whether or not a food’s flavor is derived from a characterizing food ingredient or a highly synthesized and concentrated solution, designed in a laboratory, is material to consumers who expect a label to give them what it says – lemon flavor only from lemons,” the Stauffer’s class action lawsuit argues.

By failing to disclose the presence of artificial and natural flavoring in the Stauffer’s Lemon Snaps, the cookie manufacturer allegedly violated New York business laws and the Magnuson Moss Warranty Act. Cruz’ Stauffer’s Lemon Snaps class action also accuses the manufacturer of negligent misrepresentation, fraud and unjust enrichment.

In his Stauffer’s Lemon Snaps class action, Cruz seeks to represent a Class of consumers who purchased the products in New York and the other 49 states. On behalf of himself and these Class Members, Cruz seeks injunctive relief requiring Stauffer Biscuit Co. to comply with labeling laws as well as restitution, disgorgement, monetary damages, court costs, and attorneys’ fees.

Did you purchase Stauffer’s Lemon Snaps? Did you assume that the products contained real lemon? Share your experiences in the comments section below.

Cruz and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC.

The Stauffer’s Lemon Snaps Class Action Lawsuit is Cruz v. D F Stauffer Biscuit Co. Inc., Case No. 1:20-cv-02402, in the U.S. District Court for the Southern District of New York.

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