Welch’s class action alleges company falsely advertises yogurt snacks as healthy

Welch’s Fruit ‘n Yogurt Snacks class action overview: 

• Who: A New York woman has filed a class action lawsuit against Welch Foods Inc.
• Why: The woman claims Welch’s falsely advertises its Fruit ‘n Yogurt Snacks as being healthy.
• Where: The Welch’s Fruit ‘n Yogurt Snacks class action lawsuit was filed in a New York federal court. 

A New York woman filed a class action lawsuit against Welch Foods Inc. alleging it falsely advertises its Fruit ‘n Yogurt Snacks as being healthy.

Charlene Morris filed the complaint June 18 in a New York federal court, alleging violations of state consumer laws. 

Morris alleges Welch runs a misleading marketing campaign that suggests its Fruit ‘n Yogurt Snacks contain creamy yogurt and are healthy for consumers to eat.

However, Morris says the snacks do not contain yogurt and are not healthy to eat. 

“Rather, the defendant’s product is covered in a candy-like coating designed to provide the illusion of health while delivering the harms of an ultra-processed food,” the lawsuit alleges.

Products wrapped in deceptive packaging, class action alleges

The packaging for the Fruit ‘n Yogurt Snacks prominently features images of different varieties of fresh fruit covered in a creamy yogurt dip, the class action lawsuit says. The visual impact of this design is reinforced by the words “real fruit surrounded by creamy yogurt.” 

The lawsuit alleges the phrase would be interpreted by “any reasonable consumer” as a guarantee that Fruit ‘n Yogurt Snacks are made with creamy yogurt and real fruit and are healthy to consume. 

Instead, the ingredients list on the products’ packaging shows the yogurt coating is made from sugar, palm kernel oil, whey powder, nonfat milk powder, yogurt powder (cultured whey and nonfat milk), titanium dioxide, soy lecithin, vanilla, palm oil, coconut oil, carnauba wax, confectioner’s glaze (lac-resin), tricalcium phosphate, ascorbic acid (Vitamin C), Vitamin A palmitate and Vitamin D3. 

“Notably, the ingredient list does not include active bacterial cultures, a necessary component of yogurt,” the lawsuit states. “Essentially, in a visual and semantic sleight of hand, the defendant substitutes an unhealthy ultra-processed candy-like coating for a healthy product (yogurt).”

Morris is looking to represent anyone who bought Fruit ‘n Yogurt Snacks the company represented as containing yogurt in New York. She is suing for violations of New York business law and seeking certification of the class action, damages, fees, costs and a jury trial.

In March, a consumer hit Welch Foods with another class action alleging it falsely advertises that a Welch’s grape juice product contains no artificial flavors or preservatives. The lawsuit claims the Welch’s Light Grape Juice product contains the artificial preservative ingredient ascorbic acid, and that Welch markets the beverage to give consumers the impression they are buying a premium product free of artificial preservatives. 

The plaintiff is represented by James R. Denlea, Jeffrey I. Carton, Craig M. Cepler and Catherine H. Friesen of Denlea & Carton LLP. 

The Welch Fruit ‘n Yogurt class action lawsuit is Charlene Morris v. Welch Foods Inc., A Cooperative, Case No. 6:24-cv-06385, in the U.S. District Court for the Western District of New York.

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