A proposed class action claims Kroger has misleadingly advertised that its blueberry Fruit & Grain cereal bars are naturally flavored.
Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.
The 25-page lawsuit alleges that Kroger has told a “half-truth” by marketing the cereal bars as “Naturally Flavored” and “Made with Real Fruit.” Per the suit, even though the ingredients list indicates that the filling includes blueberries and “natural flavor,” the product also contains DL malic acid—a synthetic additive used to enhance the blueberry taste.
In fact, the cereal bars contain more artificial flavoring than “natural flavor,” as the additive is listed earlier in the ingredients list, the case contends.
“Since the ingredients are listed in order of predominance by weight, listing ‘Malic Acid’ before ‘Natural Flavor’ means the filling contains more artificial fruit flavoring than natural fruit flavor,” the suit specifies.
As such, the complaint argues the product is misbranded as its packaging misleads consumers who expect the cereal bars’ taste to come only from blueberries and natural flavoring.
The filing shares that DL malic acid—a synthetic compound produced through numerous chemical reactions—is not a “natural flavor” as defined by federal and state laws. Under these regulations, if the source of a food product’s taste is simulated or reinforced synthetically, the labels must conspicuously display that the item is “artificially flavored,” the lawsuit relays.
The suit alleges that Kroger is able to sell the cereal bars at a premium price thanks to its misleading representation of the products.
The lawsuit looks to represent any California or Illinois residents who purchased Kroger-brand blueberry Fruit & Grain cereal bars bearing the aforementioned labeling within those states during the applicable statute of limitations period.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.
Hair Relaxer Lawsuits
Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.