Consumers these days are willing to pay more for snack foods that they believe to be better for them than conventional snack foods, but are these claims really true? Are they really worth the higher cost? In the case of Garden Veggie Straws, this class action alleges, the answer is no.
The class for this action includes all persons within the US who purchased Garden Veggie Straws between June 29, 2011 and June 29, 2017.
According to the complaint, the Hain Celestial Group, Inc., doing business as Sensible Portions, touts its Garden Veggie Straws as being healthier than similar snack products and as containing a “combination of garden grown potatoes [and] ripe vegetables,” along with a picture of a whole tomato, leaves of spinach, and a whole potato on the front of the packaging. However, the complaint claims, the product does not contain whole, ripe veggies: the first five ingredients are potato starch, potato flour, corn starch, tomato paste, and spinach powder.
Also, the complaint quotes sources that say that a portion of spinach provides 59% of the daily recommended amount of vitamin A and 34% of vitamin C, while a portion of fresh tomato provides 15% and 20% respectively. The complaint also shows a copy of the nutrition fact label from the product which shows that it provides 0% of the daily recommended amount of vitamin A and only 2% of the recommended amount of vitamin C.
The complaint shows a back label for the Garden Veggie Straws that reads, “The combination of garden grown potatoes, ripe vegetables, and 30% less fat than the leading potato chip[] provides a better-for-you snack.” But the complaint also claims that a single serving of Lay’s Classic potato chips contains 10% of the recommended daily amount of vitamin C, and that Garden Veggie straws contain more sodium and less protein.
The complaint says the Garden Veggie Straws are “misbranded,” under the FDCA rule which defines “misbranded” as meaning that “its labeling is false or misleading,” as well as under New York and California state laws. Showing whole vegetables on the front of the package creates the impression that the product contains more vegetable material than is the case, the complaint says, and gives the impression that the Garden Veggie Straws are healthier than they are.
According to the complaint, then, in its advertising and packaging of the chips, the company breaches warranties, commits deceptive acts and misleading or false advertising, and otherwise violates federal and state laws.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Garden Veggie Straws Alleged to Contain Too Little Veggie Complaint
June 29, 2017
Consumers these days are willing to pay more for snack foods that they believe to be better for them than conventional snack foods, but are these claims really true? Are they really worth the higher cost? In the case of Garden Veggie Straws, this class action alleges, the answer is no. The complaint alleges that despite the images and words on the products packaging, the product does not contain whole vegetables and does not give the consumer the health benefits of such vegetables.
gartden_veggies_complaint.pdfCase Event History
Garden Veggie Straws Alleged to Contain Too Little Veggie Complaint
June 29, 2017
Consumers these days are willing to pay more for snack foods that they believe to be better for them than conventional snack foods, but are these claims really true? Are they really worth the higher cost? In the case of Garden Veggie Straws, this class action alleges, the answer is no. The complaint alleges that despite the images and words on the products packaging, the product does not contain whole vegetables and does not give the consumer the health benefits of such vegetables.
gartden_veggies_complaint.pdf