Kroger class action alleges ‘No Preservatives’ labels are false

Kroger class action lawsuit overview:

• Who: Plaintiff Tiera Nance filed a class action lawsuit against The Kroger Co.
• Why: Nance alleges Kroger falsely markets private label products, including Private Selection and Simple Truth brands, as free of preservatives.
• Where: The Kroger class action lawsuit was filed in California federal court.

A new class action lawsuit accuses Kroger of falsely advertising dozens of its private label food products as free of preservatives despite ingredient lists that disclose chemicals widely recognized as preservatives.

Plaintiff Tiera Nance claims Kroger, Ralphs, Food 4 Less and Foods Co. stores sell products under the Kroger, Private Selection, Simple Truth and Simple Truth Organic brands that boldly display “No Preservatives” or “No Artificial Preservatives” on the front of the package.

Nance argues the ingredient lists on the back of the same packages disclose additives, such as citric acid, lactic acid, ascorbic acid, sodium citrate, sodium phosphate, disodium phosphate, natamycin and sodium acid pyrophosphate, which she claims function as preservatives by stabilizing texture, inhibiting microbial growth or extending shelf life.

The Kroger class action lawsuit claims the alleged mislabeling spans categories, including macaroni and cheese, rice products, prepared meals, canned soup, salad dressing and frozen breakfast foods, and identifies at least 36 distinct products across its Kroger, Private Selection, Simple Truth and Simple Truth Organic brands carrying the disputed claims.

“Kroger uniformly advertises these products as containing ‘No Preservatives’ or ‘No Artificial Preservatives’ in order to create the illusion that the products are natural and free from additives and preservatives,” the Kroger class action lawsuit says.

Plaintiff purchased macaroni and cheese at 30% plus premium, lawsuit claims

Nance claims she purchased Kroger Rich N Creamy Macaroni and Cheese and Kroger Three Cheese Shells Macaroni and Cheese at a Food 4 Less store in Gardena, California, in August 2023.

Both boxes advertised “No Artificial Preservatives” on the front, Nance claims, yet the ingredient panel on back listed citric acid, lactic acid and sodium phosphate.

Nance argues she paid a premium for the products, claiming her $0.89 boxes cost 39% to 51% more than comparable store-brand macaroni and cheese sold without “preservative-free” claims.

Nance seeks to represent a class of California residents who purchased the disputed products within the applicable statute of limitations and demands a jury trial for herself and the class.

She asserts Kroger violated California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law, along with breach of warranty and unjust enrichment.

In June, Kroger agreed to pay $1.25 million to resolve a false advertising lawsuit alleging the grocery giant misrepresented calorie counts on several of its store-brand bread products.

Have you ever purchased Kroger, Private Selection or Simple Truth products labeled “No Preservatives”? Let us know in the comments.

Nance is represented by Robert Abiri of Abiri Law P.C. and Stephen DeNittis and Shane T. Prince of DeNittis Osefchen Prince P.C.

The Kroger class action lawsuit is Nance v. The Kroger Co., Case No. 2:26-cv-08090, in the U.S. District Court for the Central District of California.

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