Schwan’s Consumer Brands, Inc. offers at least two kinds of Edwards brand frozen cream pies, key lime and strawberry crème. Both are advertised as containing “No Preservatives,” but the complaint for this class action alleges that both do in fact contain preservatives—sodium citrate in both pies and citric acid in the strawberry pie.
Two classes have been proposed for this action:
- The Florida Class is all persons in Florida who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, North Carolina, and Utah who bought the product during the applicable statutes of limitations.
Consumers nowadays like to buy foods with “free from” labels, the complaint alleges, because they want “foods that are more natural and less processed” and believe that such foods are healthier and safer. The complaint alleges, “Representing a product as not having preservatives is valued by over 70 percent of consumers.”
However, the complaint alleges that some foods are more in need of preservatives than others, even if they are frozen: “Where frozen foods are based on cream and dairy ingredients, like the Product, it is especially important to ensure microbiological stability through their consumption.”
Cream pies, the complaint alleges, have “a relatively high moisture content, which makes them more prone to the growth of bacteria and other microbes” and they are “high-risk because they provide on ideal growth medium for bacterial pathogens.”
Page 1 of the complaint show the packages of both pies, with both front labels showing the claim, “No Preservatives.” However, page 4 of the complaint reproduces the ingredient list for the two pies, with the key lime pie showing sodium citrate among the ingredients and the strawberry pie showing both sodium citrate and citric acid.
The complaint alleges that both of these substances are acidulants that lower the pH of foods: “These ingredients protect dairy-based foods against spoilage and growth of pathogenic organisms, according to a senior scientist with Chr. Hansen Inc., a Danish dairy conglomerate with locations in the United States.”
The substances have a number of functions that indicate they operate as preservatives, the complaint argues, including “function[ing] as antimicrobial agents by limiting growth and toxin production of molds and bacteria” and being “antioxidant additives, which prevent oxidation and keep the Product from spoiling prematurely.” The complaint also claims they “prevent discoloration” so that the product looks natural for longer.
According to the complaint, foods that contain chemical preservatives that act as preservatives must inform consumers of this fact, but the pies do the opposite in claiming they do not contain preservatives. The two substances are also not disclosed as being preservatives in the ingredient list.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Preservatives in Edwards Key Lime and Strawberry Crème Pies Complaint
December 31, 2022
Schwan’s Consumer Brands, Inc. offers at least two kinds of Edwards brand frozen cream pies, key lime and strawberry crème. Both are advertised as containing “No Preservatives,” but the complaint for this class action alleges that both do in fact contain preservatives—sodium citrate in both pies and citric acid in the strawberry pie.
Preservatives in Edwards Key Lime and Strawberry Crème Pies ComplaintCase Event History
Preservatives in Edwards Key Lime and Strawberry Crème Pies Complaint
December 31, 2022
Schwan’s Consumer Brands, Inc. offers at least two kinds of Edwards brand frozen cream pies, key lime and strawberry crème. Both are advertised as containing “No Preservatives,” but the complaint for this class action alleges that both do in fact contain preservatives—sodium citrate in both pies and citric acid in the strawberry pie.
Preservatives in Edwards Key Lime and Strawberry Crème Pies Complaint