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Sunday, October 13, 2019

Suit filed against General Mills claims Fruit Roll-ups 'naturally flavored' label is deceptive

Federal Court

By Carrie Bradon | Sep 19, 2019


BENTON, Ill. (Legal Newsline) – A woman is suing General Mills over allegations she was misled about the flavorings in a snack product.

Connie Newman, individually and on behalf of all similarly situated current citizens of Illinois, filed a complaint in the Circuit Court for the 20th Judicial Court of Illinois against General Mills Inc., and General Mills Sales Inc., alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act. 

The plaintiff alleges she has been led to believe that the defendant's products, namely their Fruit Roll-Ups, have natural flavorings and contain no artificial flavors. The plaintiff alleges that the product in fact does contain malic acid, an artificial flavoring used to help create a tart and fruit-like flavor in food and simulate the flavor of actual fruit. 

The suit states the product's label states "naturally flavored" and "no artificial flavors" and defendants entice consumers into purchasing the product with the labels. 

The plaintiff alleges that she would not have purchased the defendants' Fruit Roll-ups had she known that the ingredients contained malic acid. 

"Because the products contain synthetic petrochemical flavoring compounds, the products as sold were worth less than the products as represented, and the plaintiff and class members paid a premium for them," the suit states. 

The plaintiff is seeking attorneys' fees, court costs, interest and just relief. The plaintiff is represented by David C. Nelson of Nelson & Nelson Attorneys at Law PC in Belleville, Illinois; Matthew H. Armstrong of Armstrong Law Firm LLC in St. Louis; Joshua H. Eggnatz and Michael J. Pascucci of Eggnatz Pascucci in Davie, Florida; and Alexander J. Korolinsky of The Law Offices of Alexander J. Korolinsky PA in Miami.

The defendants removed the case to the U.S. District Court for the Southern District of Illinois on Aug. 13.

U.S. District Court for the Southern District of Illinois case number 3:19-cv-00890

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