PIM Brands class action alleges Fruit ‘n Yogurt Snacks not made with yogurt

PIM Brands class action lawsuit overview:

• Who: Plaintiffs Ramon Soto and Charlene Morris filed a class action lawsuit against PIM Brands Inc.
• Why: Soto and Morris claim that PIM Brands deceptively markets all three varieties of its Fruit ‘n Yogurt Snacks to make consumers believe they contain yogurt when they do not.
• Where: The PIM Brands class action was filed in Illinois federal court.

A new class action lawsuit alleges PIM Brands Inc. deceptively markets all three varieties of its Fruit ‘n Yogurt Snacks to make consumers believe they contain yogurt when they do not.

Plaintiffs Ramon Soto and Charlene Morris filed the class action complaint against PIM Brands on Jan. 14 in Illinois federal court, alleging violations of state and federal consumer laws.

The lawsuit alleges the company’s Fruit ‘n Yogurt Snacks are not made with yogurt despite the product’s name and packaging suggesting otherwise.

The plaintiffs allege that the product’s packaging prominently features the name “Fruit ‘n Yogurt Snacks” alongside images of fresh fruit being dipped in creamy yogurt, with the words “real fruit surrounded by creamy yogurt.”

According to the complaint, the ingredient list for the Fruit ‘n Yogurt Snacks includes a “yogurt coating” made from sugar, palm kernel oil, whey powder, nonfat milk powder, yogurt powder and other ingredients. 

However, the plaintiffs claim that none of these ingredients are derived from yogurt as defined by federal regulations or as consumers commonly understand the term.

The lawsuit argues that the so-called “yogurt coating” is actually a candy-like coating made from ultra-processed ingredients, including palm kernel oil, titanium dioxide and carnauba wax, which are known to be unhealthy.

The plaintiffs allege that PIM Brands’ marketing is designed to mislead consumers into believing that the snacks are a healthy option when they are not.

Fruit ‘n Yogurt Snacks contain ‘unhealthy’ ingredients, class action claims

“In a visual and semantic sleight of hand, Defendant substitutes an unhealthy ultra-processed candy-like coating for a coating made from yogurt,” the Fruit ‘n Yogurt Snacks class action lawsuit says.

The complaint cites studies showing that diets high in ultra-processed foods are associated with increased risks of premature death, cardiovascular disease, mental health disorders, diabetes, obesity and sleep problems.

The plaintiffs claim they and other consumers were deceived by PIM Brands’ false and misleading claims and are entitled to redress. 

The lawsuit alleges that PIM Brands’ conduct violated the Illinois Consumer Fraud Act and New York General Business Law.

The plaintiffs seek to represent consumers who purchased Fruit ‘n Yogurt Snacks in Illinois and New York and are asking the court to award damages and certify the case as a class action.

In June 2024, Morris filed a similar class action lawsuit against Welch Foods Inc. in New York federal court, alleging the company falsely markets its own Fruit ‘n Yogurt Snacks as “healthy” and violates state consumer laws.

What do you think of the claims in this Fruit ‘n Yogurt Snacks class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Elizabeth A. Fegan of Fegan Scott LLC and James R. Denlea, Jeffrey I. Carton, Craig M. Cepler and Catherine H. Friesen of Denlea & Carton LLP.The PIM Brands class action lawsuit is Soto, et al. v. PIM Brands Inc., Case No. 1:25-cv-00405, in the United States District Court for the Northern District of Illinois, Eastern Division.

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