Oakberry Acai class action lawsuit overview:
- Who: Plaintiff Yolanda Jean Pitre filed a class action lawsuit against Oakberry Acai Inc.
- Why: The plaintiff claims Oakberry falsely advertises its acai products as all natural and preservative free.
- Where: The Oakberry Acai class action lawsuit was filed in California federal court.
Acai brand Oakberry is facing a class action lawsuit alleging the company falsely advertises its products as all natural and preservative free when they actually contain citric acid.
Plaintiff Yolanda Jean Pitre filed the class action complaint against Oakberry Acai Inc. on Aug. 5 in a California federal court, alleging violations of state and federal consumer laws.
Pitre alleges that Oakberry Acai has falsely advertised its acai products as “All Natural” and “Free from Preservatives” through various channels, including in-store signage, at the point of sale, on its website and through promotional materials.
However, the products contain citric acid, an artificial preservative and flavoring made through the fermentation of Aspergillus niger, a type of black mold, the class action lawsuit says.
Citric acid is not commercially feasible to extract from fruits, so it is synthetically produced using heavy chemical processing, according to the complaint.
This process involves using black mold to increase citric acid production, and the resulting manufactured citric acid has been associated with adverse health effects, including joint pain, muscular and stomach pain and shortness of breath, Pitre alleges.
Pitre says she paid a premium price for the product based on Oakberry’s representations that it was all natural and preservative free. She says she would not have purchased the product or would have paid significantly less if she had known the truth.
Lawsuit: Oakberry’s false advertising misled consumers
Pitre says Oakberry’s false advertising misled her and other consumers into believing they were purchasing premium products.
She claims that Oakberry’s marketing and advertising were central to the products’ identity and that consumers had no reasonable basis to believe or anticipate that the products contained artificial preservatives.
The lawsuit alleges that Oakberry’s conduct violates California’s consumer protection laws, including the Consumers Legal Remedies Act, the False Advertising Law and the Unfair Competition Law.
Pitre is looking to represent anyone who purchased Oakberry acai products in the United States or California within the applicable statute of limitations.
She is suing for breach of express and implied warranty, quasi-contract/unjust enrichment/restitution and violations of California’s consumer protection laws. She is seeking certification of the Oakberry Acai class action lawsuit, damages, restitution, disgorgement, injunctive relief and a jury trial.
In a growing number of similar cases, The Kroger Co. is accused of falsely advertising its Simple Truth Fruit & Grain Bars and Campbell’s is facing allegations over its Cape Cod brand potato chips also advertised as preservative-free.
What do you think of the allegations made in this Oakberry Acai class action lawsuit? Let us know in the comments.
Pitre is represented by Joseph Hakakian, Benjamin Heikali, Ruhandy Glezakos and Joshua Nassir of Treehouse Law, LLP.
The Oakberry Acai class action lawsuit is Yolanda Jean Pitre, et al. v. Oakberry Acai Inc., Case No. 2:25-cv-07231 in the U.S. District Court for the Central District of California.
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One thought on Oakberry class action alleges acai products not ‘all natural’ and contain synthetic citric acid
please add. I have several Oakberry products I use