Walmart Stores, Inc. sells a Great Value brand flavored potato snack food called Veggie Straws. The complaint for this class action alleges that, although the Veggie Straws are advertised as having “No Artificial Flavors or Preservatives,” they contain an artificial flavoring ingredient, malic acid, and a chemical preservative, citric acid.
The class for this action is all persons who bought one of the products containing citric acid or malic acid as an ingredient, throughout the US, between October 2, 2018 and the date the Notice is given to the class. In the alternative or in addition, the complaint proposes a class of all persons who bought one of the products containing citric acid or malic acid as an ingredient, throughout Florida, between October 2, 2018 and the date the Notice is given to the class.
The complaint alleges, “Conscious of consumers’ increased interest in more nutritious products free of artificial additives, and willingness to pay more for products perceived to meet this preference, [Walmart] misleadingly and deceptively seeks to capitalize on these consumer health trends.”
The Food and Drug Administration (FDA) defines a chemical preservative as a substance that “tends” to stop or slow food deterioration. The complaint thus asserts, “The citric acid ingredient functions as a synthetic preservative in the Products.”
The complaint also reproduces part of the FDA’s Overview of Food Ingredients, Additives, and Colors, on the FDA website that lists citric acid as a preservative. The complaint also quotes from an October 2010 FDA warning letter to a manufacturer: “The ‘Pineapple Bites’ and ‘Pineapple Bites with Coconut’ products are further misbranded … in that they contain the chemical preservative[s] ascorbic acid and citric acid, but their labels fail to declare these preservatives with a description of their functions.”
As to artificial flavor, the complaint alleges that the “No Artificial Flavors” claims “are false, deceptive, and misleading because the Products contain[] malic acid, an artificial ingredient which imparts and contributes to the tangy, sweet, and sour ranch flavor in the Products.”
The complaint claims, “The malic acid used in the Product is manufactured in petrochemical plants from benzene or butane—components of gasoline and lighter fluid—through a series of chemical reactions involving highly toxic chemical precursors and byproducts.”
It also claims that malic acid should be considered a flavoring ingredient that “simulates, resembles, or reinforces the characterizing flavor” of the product. Therefore, according to regulations, the complaint says, the principal display panel should identify the product as having an “artificial” flavor or being “artificially flavored.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Great Value Veggie Straws “No Artificial” Ingredient Claims Complaint
October 2, 2022
Walmart Stores, Inc. sells a Great Value brand flavored potato snack food called Veggie Straws. The complaint for this class action alleges that, although the Veggie Straws are advertised as having “No Artificial Flavors or Preservatives,” they contain an artificial flavoring ingredient, malic acid, and a chemical preservative, citric acid.
Great Value Veggie Straws “No Artificial” Ingredient Claims ComplaintCase Event History
Great Value Veggie Straws “No Artificial” Ingredient Claims Complaint
October 2, 2022
Walmart Stores, Inc. sells a Great Value brand flavored potato snack food called Veggie Straws. The complaint for this class action alleges that, although the Veggie Straws are advertised as having “No Artificial Flavors or Preservatives,” they contain an artificial flavoring ingredient, malic acid, and a chemical preservative, citric acid.
Great Value Veggie Straws “No Artificial” Ingredient Claims Complaint