Welch’s Fruit Snacks Class Action Challenges ‘Healthy’ Label Claims

A New Jersey woman says the labeling on Welch’s Fruit Snacks promises more nutritional benefits than the product actually delivers.

Plaintiff Lauren Hall is challenging the labels of Welch’s Fruit Snacks, which she says makes false and misleading representations about the products’ nutritional value. She accuses defendants Welch Foods Inc. and The Promotion in Motion Companies Inc. of misleading consumers into thinking Welch’s Fruit Snacks are more nutritious than they actually are.

This Welch’s Fruit Snacks class action lawsuit lists several specific Welch’s products that are allegedly mislabeled. These products include several varieties of Fruit Snacks, as well as Fruit ‘n Yogurt Snacks, PB&J Fruit Snacks, and Fruit Rolls.

Hall says that for six years, Welch’s has been deceptively marketing Welch’s Fruit Snacks to make consumers think they contain significant amounts of the fruit shown in the products’ advertising.

“Indeed, Defendants label and market the Fruit Snacks as ‘Made with REAL Fruit,’ prominently depict a cornucopia of characterizing fruits on the front of each package, and prominently claim that ‘Fruit is our 1st Ingredient!’” Hall claims.

The deceptive labeling class action lawsuit includes images of the labeling for Welch’s Fruit Snacks. The packaging shows ample depictions of fresh fruit. It also bears representations such as “Made with REAL Fruit” and promises of vitamin content such as “100% Vitamin C” and “25% Vitamins A & E.”

Despite these representations of ostensibly healthy food, Welch’s Fruit Snacks are “no more healthful than candy,” according to Hall. She claims sugar makes up 40 percent of each serving of Fruit Snacks and Fruit Rolls Snacks, and as much as 60 percent of the Fruit ‘n Yogurt Snacks.

Hall attributes this sugar content to the fact that two of the first three ingredients in the snacks are sweeteners like corn syrup and sugar. The products are mostly comprised of these sweeteners, modified corn starch, and artificial flavors and dyes, she claims, and some of the fruit content comes from juice concentrate.

Welch’s Fruit Snacks have been a target for consumer class action lawsuits this year. In January, Missouri plaintiff Kristin Grisham brought another Welch’s Fruit snacks class action lawsuit over allegations that the products’ packaging is too big, giving purchasers the impression that the package contains more product than it actually does.

Hall’s deceptive labeling class action lawsuit was originally filed in New Jersey state court and has since been removed to federal court.

She seeks to represent a statewide Class of persons in New Jersey who purchased Welch’s Fruit Snacks during the Class period.

She is asking the court to award compensatory, treble, and punitive damages, restitution and other equitable monetary relief, declaratory and injunctive relief. She is also asking for reimbursement of her attorneys’ fees and costs of this litigation.

Hall’s attorneys are Joshua S. Bauchner and Michael H. Ansell of Ansell Grimm & Aaron PC, and Kim E. Richman and Jaimie Mak of Richman Law Group.

The Welch’s Fruit Snacks Deceptive Labeling Class Action Lawsuit is Lauren Hall v. Welch Foods Inc. and The Promotion in Motion Companies Inc., Case No. 3:17-cv-03997, in the U.S. District Court for the District of New Jersey.