Gerber Yogurt Melts, Fruit & Veggie Melts Falsely Advertised as Preservative-Free, Class Action Alleges

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A proposed class action claims Gerber Products Company has misled consumers by falsely marketing its Yogurt Melts and Fruit & Veggie Melts as preservative-free.

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The 20-page lawsuit says that despite the back-label claim that the snacks have “No Preservatives,” the products, in truth, contain citric acid, ascorbic acid and/or sodium ascorbate—three ingredients commonly used as preservatives in foods. The alleged misrepresentation is intended to attract health-conscious consumers in search of products free from artificial additives like preservatives, the suit contends.

The case challenges the preservative-free claims featured on every flavor of Gerber Yogurt Melts and Gerber Fruit & Veggie Melts, including:

• Strawberry Yogurt Melts;
• Very Berry Blend Fruit & Veggie Melts;
• Truly Tropical Blend Fruit & Veggie Melts;
• Mixed Berries Yogurt Melts;
• Banana Vanilla Yogurt Melts; and
• Peach Yogurt Melts.

According to the complaint, both citric acid and ascorbic acid are known for their antioxidant and antimicrobial properties, which help preserve a food product’s freshness and flavor. Sodium ascorbate is also commonly used as an antioxidant, the filing shares. Per the lawsuit, all three additives are regarded as preservatives by the U.S. Food and Drug Administration and food scientists alike because of their tendency to prevent food spoilage, even if used in small amounts.

The suit alleges that by misrepresenting the snacks, Gerber aims to capitalize on consumers’ growing demand for “clean” food products—items that are minimally processed or more natural because they contain no synthetic additives.

The plaintiffs, two New York residents, bought some of the Gerber products at issue in the past year, the case relays. The women say that had they known the snacks were misrepresented as being preservative-free, they would have paid less for them or not purchased them at all.

The lawsuit looks to represent anyone in the United States who purchased any of the Gerber products listed on this page during the applicable statute of limitations period.

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