Walmart yogurt bites class action overview:
- Who: A Walmart customer, plaintiff Rebeca Castillo, is suing the retail giant.
- Why: Castillo claims Walmart deceptively markets its yogurt bites as containing “no preservatives.”
- Where: The Walmart yogurt bites class action was filed in a California federal court.
A new class action lawsuit alleges that Walmart markets its yogurt bites with a deceptive “No Preservatives” label.
Plaintiff Rebeca Castillo filed the class action lawsuit against Walmart Inc. on Sept. 26 in a California federal court, alleging violations of state and federal consumer laws.
Castillo claims the retail giant misleads consumers about its “Parent’s Choice Yogurt Bites Freeze-Dried Yogurt & Fruit Snacks.” The lawsuit claims that Walmart falsely labeled the product as containing “No Preservatives” when in fact it includes a chemical preservative.
Walmart markets the Yogurt Bites as a healthy snack option for young children, featuring claims like “No Preservatives” prominently on both the front and back of the packaging, Castillo says.
She argues this label is positioned to attract health-conscious parents looking for wholesome snacks for their children. The label also promises that the product contains “No Artificial Flavors or Artificial Sweeteners.”
However, Castillo claims these representations are misleading, because the ingredient list for the Yogurt Bites includes ascorbic acid, a form of Vitamin C that also acts as a preservative. This directly contradicts the claim that the product contains no preservatives, she alleges.
Walmart class action claims company misled to capitalize on customer preference
Castillo says that consumers are willing to pay more for products they believe to be healthier, particularly when they are intended for young children.
By labeling the Yogurt Bites as preservative-free, Walmart capitalized on this preference, Castillo’s lawsuit claims.
“By falsely labeling the Products as having ‘No Preservatives,’ Defendant has profited from consumers’ preference for offerings that are perceived to be healthier clean label products,” she says.
Plus, she argues that consumers lack the specialized knowledge required to recognize ascorbic acid as a preservative. Walmart’s labeling, which only refers to ascorbic acid as Vitamin C, further “obfuscate[s] the existence of preservatives,” the lawsuit claims.
The suit claims that Walmart has sold its Yogurt Bites to hundreds of thousands of unsuspecting consumers, profiting from the false labeling.
As a result, Castillo is suing on behalf of anyone in California who bought the Walmart yogurt bites in the past three years.
The lawsuit accuses Walmart of breaching multiple California consumer protection laws, including the state’s Business and Professions Code; it seeks certification of the class action, damages exceeding $5 million, fees, costs and a jury trial.
Meanwhile, another new Walmart class action lawsuit alleges some of the company’s Great Value brand apple juice products contain high levels of arsenic.
What do you think of the claims in this Walmart class action? Let us know in the comments.
The plaintiff is represented by Michael D. Braun of Kuzyk Law LLP and Peter N. Wasylyk of Law Offices of Peter N. Wasylyk.
The Walmart yogurt bites class action is Rebeca Castillo v. Walmart Inc., Case No. 5:24-cv-06757 in the U.S. District Court for the Northern District of California.
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