Gushers Fruit-Flavored Snacks Class Action Claims General Mills Deceives Customers About ‘Natural’ Flavoring

General Mills Gushers Natural Fruit Flavoring Class Action Overview: 

• Who: A consumer who bought Gushers fruit-flavored snacks is suing manufacturer General Mills Sales, Inc.
• Why: The plaintiff says the snacks claim to contain “no artificial flavoring” yet contain added malic acid.
• Where: The class action lawsuit was filed in Illinois federal court.

Gushers fruit-flavored snacks deceive customers into thinking they only contain natural fruit flavoring when in fact they contain artificial flavoring ingredients, a new class action alleges. 

Plaintiff Melanie McDermott filed the class action lawsuit against General Mills Sales, Inc. Mar. 24 in an Illinois federal court, alleging violations of state and federal consumer laws.

General Mills Sales, Inc. makes Gushers brand fruit snacks filled with thick, fruit-flavored liquids. The snack boxes contain marketing claims such as  “Fruit Flavored Snacks,” “Flavored With Other Natural Flavors,” and “No Artificial Flavors.” These representations cause customers to believe they are only consuming natural fruit flavors, the plaintiff says. 

“However, the representations are false, deceptive and misleading because the Product contains artificial flavoring ingredients,” the class action lawsuit states.

Gushers Contain Added Malic Acid, Lawsuit Says

According to McDermott, General Mills Sales is taking advantage of increasing consumer demand for natural flavoring. 

She says the statement, “No Artificial Flavors” appeals to about seven out of 10 customers who avoid artificial flavoring, according to studies she cites.

However, while the product claims to have no artificial flavors, it also contains malic acid in higher volumes than the natural fruit flavoring.

“Unbeknownst to consumers, the ingredient list does not inform consumers that this malic acid is an artificial flavoring ingredient which provides flavoring to the Product,” the lawsuit states. “Defendant adds artificial DL-malic acid to the Product to create, enhance, simulate and/or reinforce the sweet and tart taste that consumers associate with strawberries and tropical fruits.” 

As a result, the marketing is deceptive, McDermott states. 

McDermott is looking to represent an Illinois class of consumers who bought the product plus a consumer fraud multistate class of buyers from Arkansas, Iowa, Utah, Idaho, Alaska and Montana. She’s suing under state consumer protection laws, as well as for breach of warranty, negligent misrepresentation, fraud and unjust enrichment and seeking certification of the class action, fees, costs, damages and a jury trial. 

General Mills was hit with another lawsuit this month, alleging its Totino’s frozen cheese pizza rolls are not made with real cheese. 

Would you expect these fruit-snacks to contain no added flavoring? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The General Mills Sales Gushers Class Action Lawsuit is Melanie McDermott v. General Mills Sales, Inc., Case No. 1:22-cv-01555, in the U.S District Court Northern District of Illinois

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