The complaint for this class action alleges that Barilla America, Inc. advertises its pasta sauces with the words, “No Preservatives.” But it says that that claim is false, because the sauces contain citric acid, a preservative.
The Nationwide Class for this action is all persons or entities in the US who made retail purchases of the products at issue in this case, during the statute of limitations period. The New York Class is similar, but covers purchases made in New York.
The products at issue in this case include the following:
- Barilla® Marinara Sauce
- Barilla® Tomato Basil Sauce
- Barilla® Mushroom Sauce
- Barilla® Spicy Marinara Sauce
- Barilla® Roasted Garlic Sauce
- Barilla® Sweet Peppers Sauce
- Barilla® Traditional Sauce
- Barilla® Chunky Traditional Sauce
- Barilla® Tuscan Herb Sauce
- Any other Barilla® pasta sauce that has “No Preservatives” on the label but contains citric acid or any other preservative
Consumers nowadays favor healthier foods that don’t contain additives. One of the ways they judge the quality and healthfulness of a food is by the presence or absence of preservatives. Companies know that consumers are willing to pay more for food that they believe is fresher, healthier, and better for them.
The Food and Drug Administration (FDA) says that a chemical preservatives is “any chemical that, when added to food, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices, oils extracted from spices, substances added to food by direct exposure thereof to wood smoke, or chemicals applied for their insecticidal or herbicidal properties.”
The complaint claims that this definition includes citric acid and that citric acid does not fall into the categories that are exempted from the definition. The FDA also expressly calls citric acid a preservative in the Overview of Food Ingredients, Additives, and Colors on its website.
Even FBC Industries, Inc., a maker of citric acid additives, is quoted in the complaint as saying that “citric acid is used as a flavoring and preservative.” The complaint also quotes other experts on the preservative functions of citric acid, particularly for tomatoes and tomato sauce.
The complaint also alleges that the “no preservative” claim violates the federal Food, Drug, and Cosmetic Act (FDCA), which it quotes as saying that a “food shall be deemed misbranded … [i]f its labeling is false or misleading in any particular.” In addition, the complaint identifies laws for all fifty states and the District of Columbia that “protect consumers against unfair, deceptive, fraudulent, unconscionable trade and business practices, and false advertising.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Barilla Pasta Sauces Deceptive “No Preservatives” Claim Complaint
October 1, 2018
The complaint for this class action alleges that Barilla America, Inc. advertises its pasta sauces with the words, “No Preservatives.” But it says that that claim is false, because the sauces contain citric acid, a preservative.
barilla_no_preservative_complaint.pdfCase Event History
Barilla Pasta Sauces Deceptive “No Preservatives” Claim Complaint
October 1, 2018
The complaint for this class action alleges that Barilla America, Inc. advertises its pasta sauces with the words, “No Preservatives.” But it says that that claim is false, because the sauces contain citric acid, a preservative.
barilla_no_preservative_complaint.pdf