Kroger class action claims company falsely advertises sparkling water as naturally flavored

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Kroger class action lawsuit overview:

• Who: Plaintiff Mary Cathleen Cameron has filed a class action lawsuit against The Kroger Co.
• Why: Kroger allegedly misrepresents its store-brand sparkling water products as “Naturally Flavored” even though they contain artificial flavoring.
• Where: The Kroger class action lawsuit was filed in Ohio federal court.

The Kroger Co. misrepresents its store-brand sparkling water products as “Naturally Flavored” even though they contain a synthetic artificial flavoring chemical, according to a class action lawsuit filed Nov. 28 in Ohio federal court.

Plaintiff Mary Cathleen Cameron says she has purchased Kroger sparkling water in Ohio and Tennessee numerous times. She says she chose to purchase the products because the label indicated the sparkling water was “Naturally Flavored.”

However, the Kroger sparkling water product actually contains the artificial flavoring ingredient dl-malic acid, Cameron alleges. 

The class action lawsuit explains dl-malic acid is derived from petrochemicals and does not occur in nature.

Kroger class action says artificial ingredients create the ‘characterizing flavors’

The different flavors of Kroger sparkling water reportedly include strawberry, mixed berry, blueberry pomegranate and black cherry. Cameron explains these flavor descriptions are considered “characterizing flavors” under federal law.

Dl-malic acid is used to create the characterizing Kroger sparkling water flavors and therefore the products must be prominently labeled as “artificially flavored” to comply with the law, the Kroger class action claims.

Cameron alleges she reasonably assumed that Kroger sparkling water was not artificially flavored. However, because she received a product that contained artificial flavoring, the class action lawsuit alleges she did not receive the benefit of her purchase.

Cameron says she would not have purchased Kroger sparkling water, or would have paid less for the product, if not for Kroger’s representation that the product was naturally flavored.

The class action lawsuit asserts violations of federal law, the laws of Ohio and Tennessee, breach of warranty, fraud and unjust enrichment.

In August, a consumer hit Kroger with another false advertising class action lawsuit over allegations it misrepresents its coffee creamer as a dairy product when it barely contains any milk products.

Did you purchase Kroger’s sparkling water because you believed it contained natural flavors? Tell us what you think of the class action lawsuit in the comments.

Cameron is represented by Frank A. Bartela of Dworken & Bernstein Co. LPA.

The Kroger class action lawsuit is Mary Cathleen Cameron, et al. v. The Kroger Co., Case No. 1:22-cv-00694, in the U.S. District Court for the Southern District of Ohio, Cincinnati Division.

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