Kidfresh Class Action Says ‘Healthy’ Meals Are High-Fat Junk Food

MG Wellington LLC d/b/a Kidfresh has been hit with a class action lawsuit accusing it of misleadingly advertising its frozen food products as healthy despite their high fat content.

The Kidfresh class action lawsuit was filed last week in New York federal court by plaintiff Ki Burke of California. She alleges that the Kidfresh products are actually “classic junk foods” despite being marketed as healthy products.

Specifically, Burke is challenging the labels of Kidfresh Wagon Wheels Mac ­+ Cheese; Kidfresh Muy Cheesy Quesadillas, Kidfresh Super Duper Chicken Nuggets, and Kidfresh Mamma Mia Cheesy Pizza. She says Kidfresh targets health-conscious parents by claiming to provide “Healthy Frozen Kid’s Meals.”

According to the Kidfresh frozen foods class action lawsuit, Kidfresh places the health claims directly on the labels and packaging of the high-fat frozen foods, and promotes the products with online advertisements and promotions, “even though the products’ total and saturated fat content render them unhealthy,” the Kidfresh class action lawsuit alleges. “Moreover, Kidfresh’s labeling claims are designed to conceal or distract consumers from noticing that its products contain unhealthy levels of total and saturated fat.”

Burke points to the package of Kidfresh Wagon Wheels Mac + Cheese, which allegedly includes a label with the following statements: “Simply Nutritious … Hidden Veggies, Excellent Source of Protein, Excellent Source of Calcium and Vitamin A, 0g Trans Fat, No Artificial Flavors, Colors or Preservatives” and “The one thing we’re sneaky about? Vegetables.”

Burke asserts that these statements are false and misleading because the products are actually unhealthy due to their high total and saturated fat content. According to the Kidfresh class action lawsuit, the frozen food company makes similar claims about the other products listed in the complaint. However, Burke asserts that these products are also deceptively marketed as healthy due to their high fat content.

In addition, Kidfresh seeks out hundreds of “Mommy Bloggers” to promote the frozen food products, the Kidfresh class action lawsuit alleges. Burke claims that these bloggers are enlisted to write “glowing, scripted reviews of its products” in exchange for compensation.

The Kidfresh class action lawsuit alleges violations of the New York Unfair and Deceptive Business Practices Law, False Advertising Law, intentional and negligent misrepresentation, breach of express warranty, restitution and unjust enrichment. In addition to the New York claims, Burke also alleges violations of the California Consumer Legal Remedies Act, California Unfair Competition Law, the California False Advertising Law, and breach of express and implied warranty.

Burke seeks an order compelling Kidfresh to stop marketing its high-fat frozen foods as healthy, destroy all allegedly deceptive and misleading materials, engage in a corrective advertising campaign, restore the amounts of money by which it was allegedly unjustly enriched, and pay restitution and damages as allowed by law.

The plaintiff is represented by Thomas A. Canova and Jack Fitzgerald of The Law Office of Jack Fitzgerald PC and by Paul K. Joseph of The Law Office of Paul K. Joseph PC.

The Kidfresh Junk Food Class Action Lawsuit is Ki Burke v. MG Wellington LLC d/b/a Kidfresh, Case No. 160-cv-2968, in the U.S. District Court for the Southern District of New York.