YummyEarth, Inc. makes YumEarth fruit snacks, accompanied by a marketing campaign the complaint for this class action claims is meant to “appeal to health-conscious consumers[.]” But the complaint alleges that the marketing is deceptive, because the products do not contain any actual fruit.
Two classes have been defined for this action:
- The Nationwide Class is all persons who bought YummyEarth’s products within the US during the applicable statute of limitations period.
- Another class has been defined as the California Class, but the complaint defines it as all persons who bought YummyEarth’s products in Oregon during the applicable statute of limitations. Since the plaintiff is a citizen of California, presumably “Oregon” should be “California.”
At issue in this case are at least the following YummyEarth products:
- Organic Fruit Snacks
- Organic Tropical Fruit Snacks
- Organic Vitamin C Drops
- Organic Fruit Chewys
- Organic Gummy Fruits
The complaint alleges that YummyEarth’s marketing campaign is aimed at health-conscious people, claiming that it emphasizes the benefits of real fruit and suggests that the snacks contain real fruit, such as the fruits referenced on the packaging.
But this is deceptive, the complaint alleges, referring to the company’s Vitamin C Drops: “Instead of containing real fruit … the Vitamin C drops include high amounts of sugar while lacking any real fruit. Further, the only Vitamin C contained in the food item comes from added Ascorbic Acid which is s synthetic ingredient that mimics natural Vitamin C.”
It claims that “despite representing that it includes real fruit that is high in Vitamin C and containing beneficial antioxidants, it is a fruit-less candy packed with sugar that is boosted with a synthetic ingredient that is meant to mimic real Vitamin C.
The Organic Fruit Snacks are shaped to resemble bananas, cherries, peaches, and strawberries, the complaint points out, and their flavor names also reference fruits: “Banana Blast,” “Strawberry Smash,” “Very Very Cherry,” “Perfectly Peach,” “Playful Pineapple,” and “Mango Tango.”
However, the complaint claims, the packaging labels do not warn consumers that no fruit was used to make these snacks. One of the product packages does include a “Made Without” listing, and the complaint alleges that this should, but does not, list “Real Fruit.”
The complaint makes similar claims about the company’s Fruit Chewys and Gummy Fruits.
According to the complaint, “all the Products[] present similar representations to the public which leads reasonable consumers … to believe that the Products contain the real fruits depicted throughout the labeling and marketing.” But these representations are deceptive, the complaint contends: “Rather, [YummyEarth’s Products are merely sugar-packed candy masquerade[ing] as health-focused treats containing real fruit and nutrition.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
YumEarth “Fruit” Snacks Real Fruit Content Complaint
May 8, 2022
YummyEarth, Inc. makes YumEarth fruit snacks, accompanied by a marketing campaign the complaint for this class action claims is meant to “appeal to health-conscious consumers[.]” But the complaint alleges that the marketing is deceptive, because the products do not contain any actual fruit.
YumEarth “Fruit” Snacks Real Fruit Content ComplaintCase Event History
YumEarth “Fruit” Snacks Real Fruit Content Complaint
May 8, 2022
YummyEarth, Inc. makes YumEarth fruit snacks, accompanied by a marketing campaign the complaint for this class action claims is meant to “appeal to health-conscious consumers[.]” But the complaint alleges that the marketing is deceptive, because the products do not contain any actual fruit.
YumEarth “Fruit” Snacks Real Fruit Content Complaint