Hormel Class Action Says Natural Choice Products Mislabeled

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Food manufacturer Hormel was hit with a putative class action lawsuit alleging that it includes synthetic ingredients and preservatives in food labeled as “100% Natural” or containing no preservatives.

Lead plaintiff Benjamin Phelps claims that Hormel manufactures products with cultured celery powder and baking powder and then labels these items as “100% Natural” and “No preservatives, but these products include genetically modified ingredients like maltodextrin.

According to the complaint, “[c]ultured celery powder is a preservative high in nitrates,” and “several of the Hormel products containing cultured celery powder also contain lactic acid starter culture.”

“This lactic acid starter culture induces the further breaking down of nitrates within the celery powder, producing more nitrites,” alleges the plaintiff in his complaint.

The plaintiff also claims that baking powder included in Hormel products results in the inclusion of synthetic ingredients, like monocalcium phosphate, sodium acid pyrophosphate, and sodium aluminum sulfate.

“According to the FDA, [sodium acid pyrophosphate] does not belong in products making ‘100% Natural’ claims, because SAPP is a synthetic substance,” Phelps says.

The plaintiff alleges that USDA policy takes into account the level of processing for natural food claims on food labeling and only allows foods to be labeled as “natural” when they do not contain artificial flavorings and colorants, chemical preservatives or artificial ingredients.

The foods must also be “minimally processed,” according to the complaint.

“The ‘100% Natural’ claims are false because the Hormel products contain ingredients that are synthetic and so heavily processed that they are no longer chemically the same as the raw ingredients,” claims the plaintiff in his class action.

The plaintiff alleges that consumers paid a premium for Hormel products that were labeled “100% Natural.”

The plaintiff also points to a warning letter from the FDA to Alexia Foods from 2011 stating that products containing synthetic ingredients cannot be labeled “all natural.”

“As a consequence of Defendant’s unfair and deceptive practices, Plaintiff and members of the Class purchased the Hormel products under the false impression that, by purchasing Defendant’s products, they would be receiving products that were in fact ‘100% Natural’ with ‘No Preservatives,’ or products completely void of synthetic ingredients, preservatives, and genetically modified ingredients,” alleges the plaintiff in his class action.

The plaintiff claims that Hormel violated Florida consumer protection laws as well as food safety acts by misbranding its products as all natural.

Additionally, the complaint claims that Hormel was unjustly enriched by their misrepresentations.

“Over time, Hormel has cultivated and reinforced a corporate image that has catered to this ‘100% Natural’ theme and has boldly placed this claim on its products, despite the fact Hormel uses synthetic ingredients and preservatives,” alleges the plaintiff in the class action lawsuit.

The plaintiff seeks to represent a nationwide Class of consumers who purchased Hormel products, as well as a subclass of Florida consumers. The plaintiff is seeking declaratory relief, restitution and disgorgement, as well as attorney’s fees and costs.

The lead plaintiff is represented by Tim Howard, J.D., Ph.D. of Howard & Associates PA.

The Hormel “All Natural” Misbranding Class Action Lawsuit is Phelps v. Hormel Foods Corporation, Case No. 0:16-cv-62411, in the U.S. District Court for the Southern District of Florida.