Pirate’s Booty class action filed over ‘deceptive’ labels

Pirate’s Booty class action overview:

• Who: Plaintiff Narguess Noohi filed a class action lawsuit against The Hershey Co.
• Why: Noohi claims Hershey falsely advertised its Pirate’s Booty snacks as containing no artificial preservatives.
• Where: The Pirate’s Booty class action lawsuit was filed in California state court.

A new class action lawsuit alleges The Hershey Co. falsely advertises its Pirate’s Booty snacks as containing no artificial preservatives.

Plaintiff Narguess Noohi filed the class action complaint against Hershey on April 21 in California state court, alleging violations of state consumer laws.

According to the Pirate’s Booty class action, Hershey falsely advertises its Pirate’s Booty Aged White Cheddar Puffs, Cheddar Blast Puffs and Smart Puffs as containing no artificial preservatives when they in fact contain citric acid and lactic acid.

“Plaintiffs and the class members have been misled into purchasing Products that did not provide them with the benefit of the bargain they paid money for, namely that the Products would not contain artificial preservatives,” the Pirate’s Booty class action says.

Noohi alleges she purchased one of the Pirate’s Booty products from a Sprouts located in Los Angeles on Jan. 29, 2025, and made her purchasing decision because of the labeling on the product that read “no artificial preservatives.”

Pirate’s Booty class action: Snacks contain citric acid, lactic acid

Citric acid acts as a preservative when added to food products, including the Pirate’s Booty products at issue, the lawsuit claims.

The U.S. Food and Drug Administration has listed citric acid as a preservative in its “Overview of Food Ingredients, Additives and Colors,” it says.

The U.S. Department of Agriculture’s Food Safety Inspection Service’s “Guideline for Label Approval” states that some common chemical preservatives include BHA, BHT, calcium propionate, citric acid, natamycin and sodium propionate, the Pirate’s Booty class action explains.

Further, Noohi alleges manufactured lactic acid is produced through genetically engineered bacterial fermentation and acid base synthesis.

“Plaintiffs and the Class Members expected to receive the benefit of avoiding the negative potential effects of consuming artificial preservatives, however they have been deprived of that benefit because the Products contain artificial citric acid and lactic acid,” the Pirate’s Booty class action states.

Noohi is seeking to represent anyone in the United States who purchased the Pirate’s Booty products within four years prior to the filing of the complaint through to the date of class certification.

She is suing for violations of California’s False Advertising Act and Unfair Business Practices Act and seeks certification of the class action, damages, fees, costs and a jury trial.

In April, a consolidated class action lawsuit filed in Pennsylvania federal court alleges that Hershey’s candy wrappers contain unsafe levels of harmful “forever chemicals,” which Hershey allegedly failed to disclose despite known health risks.

What do you think of the allegations made in this Pirate’s Booty class action lawsuit? Let us know in the comments.

The plaintiff is represented by Todd M. Friedman and Adrian R. Bacon of the Law Offices of Todd M. Friedman P.C.

The Pirate’s Booty class action lawsuit is Noohi v. The Hershey Company, Case No. 2:25-cv-04723, in the Superior Court of the State of California, County of Los Angeles.

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