FreshWorks Class Action: Produce Savers Don’t Work as Advertised

On Tuesday, Rubbermaid Inc. and Newell Brands Inc. were hit with a class action lawsuit alleging their FreshWorks Produce Saver products don’t live up to the prominent claim on the label that they keep produce fresh up to 80 percent longer than store packaging.

Plaintiffs Dynita Zearfoss and Tracy Swan of California allege they purchased FreshWorks Produce Saver products from major retailers located near their homes.

The packages on the FreshWorks Produce Saver products prominently displayed claim that they would keep produce fresher up to 80 percent longer than store packaging, the FreshWorks class action lawsuit says.

However, the plaintiffs claim that the FreshWorks Produce Saver products did not keep their produce fresher as advertised on the label.

They would not have purchased the FreshWorks Produce Saver products if they had known that the 80 percent fresher claim was false and misleading, according to the FreshWorks Produce Saver class action lawsuit.

The 80 percent longer claim is reportedly reinforced on Rubbermaid’s website, which states: “Revolutionary FreshVent technology regulates oxygen and carbon dioxide, while the CrispTray helps reduce moisture and spoilage. Produce stays fresher, longer.”

The website also states: “FreshVent technology regulates flow of oxygen and carbon dioxide for the ideal produce environment,” according to the FreshWorks class action lawsuit.

Zearfoss and Swan assert that these statements are false and misleading because there is no optimal environment for produce, which contains a diverse assortment of foods including leafy greens, root vegetables, citrus fruits, beans, berries, fleshy vegetables, and pome fruits like pears and apples.

The different types of produce thrive in different types of environments, the FreshWorks class action lawsuit says.

Zearfoss and Swan claim that they, along with putative Class Members, were “induced into purchasing and paid a substantial premium” for the FreshWorks products because they believed the Produce Saver products would keep their produce fresh 80 percent longer than store packaging.

According to the FreshWorks class action lawsuit, the outside packaging includes the following statement in large bold print: “Keeps Produce Fresh Up To 80% Longer.” The package also reportedly includes images of leafy greens, blueberries and strawberries.

Located underneath this prominent statement is a disclaimer in tiny, faint and fine print noting that the 80 percent claim is “Based on strawberries in FreshWorks containers vs. store packaging.”

The FreshWorks Produce Saver class action lawsuit asserts claims for breach of express warranty, breach of implied warranty, violation of California’s Consumer Legal Remedies Act, violation of the False Advertising Law, and violation of the unfair, unlawful and fraudulent prongs of the Unfair Competition Law.

The plaintiffs filed the Rubbermaid class action lawsuit on behalf of themselves and a proposed nationwide Class of consumers in the United States who purchased FreshWorks Produce Saver products during the relevant statute of limitations period.

They also seek to represent a subclass of consumers who purchased FreshWorks Produce Saver products in California.

Zearfoss and Swan are represented by Robert Starr, Adam Rose and Manny Starr of Frontier Law Center.

The FreshWorks Produce Saver Class Action Lawsuit is Dynita Zearfoss, et al. v. Rubbermaid Inc., et al., Case No. 2:18-cv-06392, in the U.S. District Court for the Central District of California.