SAN DIEGO (Legal Newsline) – Nestle is facing a suit from a California woman who alleges its SweeTARTs candies are falsely advertised as having no artificial flavors.

Jessica Littlejohn, on behalf of herself, all others similarly situated and the general public, filed a complaint on April 2 in the U.S. District Court for the Southern District of California against Nestle USA Inc. over alleged violation of California's Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law.

According to the complaint, the plaintiff alleges that she and class members were deceived by defendant's alleged unlawful conduct when they purchased defendant's SweeTARTS candies. She alleges the candies all contain artificial flavors but this fact was not disclosed or labelled in the packaging. The plaintiff alleges the products all contain a synthetic flavoring chemical identified in the ingredient list as malic acid, which confers a “tart, fruit-like” flavor and simulates the flavor of an actual fruit. 

The plaintiff holds Nestle USA Inc. responsible because the defendant allegedly concealed its use of artificial flavoring, deceived consumers, illegally cut costs and increased profits and competed unfairly and unlawfully in the marketplace.

The plaintiff requests a trial by jury and seeks award of punitive damages, pre- and post-judgment interest, attorney fees, costs and such other and further relief as the court may deem just, equitable or proper. She is represented by Ronald A. Marron, Michael T. Houchin of the Law Offices of Ronald A. Marron in San Diego.

U.S. District Court for the Southern District of California case number 3:18-cv-00658-AJB-WVG

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U.S. District Court for the Southern District of California




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