Class Action Claims Annie’s ‘No Preservatives’ Claims Are False and Misleading
by Erin Shaak
Morrison v. Annie's Homegrown, Inc.
Filed: March 21, 2019 ◆§ 1:19cv2530
A proposed class action out of New York alleges that Annie’s Homegrown, Inc. has misled consumers into thinking its products are free of preservatives when they’re actually not.
A proposed class action out of New York alleges that Annie’s Homegrown, Inc. has misled consumers into thinking its products are free of preservatives when they’re actually not.
According to the lawsuit, Annie’s attempts to capitalize on consumers’ desire for healthier, nutritious products by advertising in marketing materials and on product labels that its packaged foods are preservative-free. The case alleges, however, that these representations are misleading because many of Annie’s products contain citric acid, ascorbic acid, and/or tocopherols. Citing U.S. Food and Drug Administration (FDA) guidelines, the lawsuit claims the use of these ingredients as preservatives has been “well-documented” and that Annie’s intentionally meant to deceive the plaintiff and others into thinking its products are healthier than they really are. From the complaint:
“A representation that a product has no preservatives is material to a reasonable consumer when deciding to purchase it. Plaintiff did, and a reasonable consumer would, attach importance to whether Defendant’s Products were free of preservatives because it is common knowledge that consumers prefer to avoid foods with potentially unhealthy additives (see consumer behavior research above). Defendant would not have included these representations on the Product labels if this was not going to influence consumer behavior.”
The lawsuit names the following Annie’s products and the preservative(s) they allegedly contain:
- Annie’s Spirals with Butter & Parmesan Macaroni & Cheese (citric acid)
- Annie’s Mac & Trees Yummier Than Ever (citric acid)
- Annie’s Bernie’s Farm Yummier Than Ever (citric acid)
- Annie’s Organic Macaroni & Cheese Classic Cheddar Yummier Than Ever (citric acid)
- Annie’s Bunny Pasta Yummier Than Ever (citric acid)
- Annie’s Raspberry Half Iced Tea Half Lemonade (citric acid and ascorbic acid)
- Annie’s Organic Cheesy Ravioli (citric acid)
- Annie’s Organic All Stars Pasta in Tomato & cheese Sauce (citric acid)
- Annie’s Organic Bernie’s Farm Fruit Snacks (citric acid and ascorbic acid)
- Annie’s Organic Bunny Fruit Snacks Berry Patch (citric acid and ascorbic acid)
- Annie’s Organic Frosted Oak Flakes (tocopherols)
- Annie’s Organic Bernie O’s Pasta in Tomato & Cheese Sauce (citric acid)
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