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Walmart class action lawsuit overview:
- Who: Plaintiff Devin Lara filed a class action lawsuit against Walmart Stores Inc.
- Why: Walmart allegedly falsely advertises its Great Value brand Veggie Straws as containing no artificial flavors or preservatives.
- Where: The Walmart class action lawsuit was filed in Florida federal court.
Walmart falsely advertises its Great Value Veggie Straws as containing no artificial flavors or preservatives, according to a class action lawsuit filed Oct. 2 in Florida federal court.
Plaintiff Devin Lara alleges the label on the Great Value Veggie Straws product prominently states “No Artificial Flavors or Preservatives.”
Despite these representations, the Walmart class action lawsuit says the product contains malic acid, an artificial flavor enhancer, and citric acid, a chemical preservative.
Walmart class action says FDA requires product labels to declare artificial flavors, preservatives
Lara points to the U.S. Food and Drug Administration’s definition of a chemical preservative as a substance that “tends” to prevent or slow the deterioration of foods. The citric acid in the Great Value Veggie Straws functions as a synthetic preservative, the Walmart class action lawsuit explains.
Additionally, the Great Value Veggie Straws contain malic acid, which “imparts and contributes to the tangy, sweet and sour ranch flavor,” the lawsuit alleges.
Lara claims the malic acid used in the Great Value Veggie Straws is manufactured in petrochemical plants from benzene or butane through “a series of chemical reactions involving highly toxic chemical precursors and byproducts.”
Although malic acid can be used as a pH control agent, the presence of malic acid in the Great Value Veggie Straws affects the flavor of the product and therefore acts as an artificial flavor, the Walmart class action explains.
FDA regulations require product labels to declare whether a food contains artificial flavoring that resembles or reinforces the characterizing flavor, the Walmart class action lawsuit says. Because the malic acid contained in the Great Value Veggie Straws reinforces the “zesty ranch” flavor, Walmart should have indicated on the product label that it contains artificial flavors, Lara argues.
Lara says he relied on the claim on the Great Value Veggie Straws package that it contained “No Artificial Flavors or Preservatives” and has been damaged by the allegedly false and misleading claims, according to the Walmart class action lawsuit.
He seeks to represent a proposed class of consumers in the United States and/or Florida who purchased Great Value Veggie Straws containing citric acid or malic acid ingredients in the last four years.
In related Walmart news, an Illinois federal judge recently revived a Walmart class action lawsuit alleging Great Value Fudge Mint Cookies misled consumers about the product’s fudge and mint content.
What do you think about the allegations that Great Value Veggie Straws are falsely advertised as containing “No Artificial Flavors or Preservatives”? Let us know in the comments!
Lara is represented by Alexander J. Korolinsky of AJK Legal and Spencer Sheehan of Sheehan & Associates PC.
The Walmart Great Value Veggie Straws class action lawsuit is Devin Lara v. Walmart Stores Inc., Case No. 5:22-cv-00437, in the U.S. District Court for the Middle District of Florida.
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