Shaun Zinck Jul. 31, 2015, 11:17am


ORLANDO, Fla. (Legal Newsline) - The maker of a toaster pastry brand is being sued for allegedly not making the product with real fruit and still advertising that it does.

Amber Michelle Jackson filed the lawsuit July 1 in Florida's Seminole County Circuit Court against Publix Supermarkets, makers of the Publix Toaster Pastries brand. The defendant removed the case to federal court on July 9.

The lawsuit names six different flavors of the toaster pastries that are advertised as “made with real fruit.”

The suit said the label is “misleading” and “deceptive,” and instead of real fruit, the pastries are made with “artificial colors, artificial flavors, from concentrate, and with high fructose corn syrup, among many other ingredients that are not present in 'real fruit.'”

The lawsuit also said Publix Supermarkets is aware that its toaster pastries don't have real fruit, but still advertise that they do. The labels deceive customers into thinking the products have real fruit, the lawsuit said.

Jackson is seeking a class status in Florida for those who purchased the toaster pastries. She is also seeking more than $5 million in damages plus court costs.

She is represented by Michael T. Fraser of The Fraser Law Firm, P.C. in Granite Bay, Calif.

U.S. District Court for the Middle District of Florida case number 6:15-cv-01113.

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