WHITE PLAINS, N.Y. (Legal Newsline) — A consumer class action lawsuit alleges Polaner fruit spreads are deceptively labeled as "all fruit" when they also contains non-fruit ingredients.
Deena Indiviglio, individually and on behalf of all others similarly situated, filed a complaint Nov. 8 in the U.S. District Court for the Southern District of New York against B&G Foods Inc., alleging violation of state consumer fraud acts, breaches of express warranty and other claims.
The plaintiff alleges in her class action that B&G's "All Fruit" Polaner brand fruit spreads' labeling contains false and misleading representations leading consumers to believe the product is only made of fruit ingredients. She claims the fruit spread's ingredients list shows the product also contains citric acid and natural flavor which cannot "reasonably described as fruit."
Indiviglio also claims the product label's statement of "sweetened only with fruit juice" further convinces the consumer the product contains all fruit ingredients. She also claims consumers pay a "premium" price for Polaner expecting it to have less processed and more natural ingredients and rely on the words "all fruit" on the label. Indiviglio claims B&G's actions violate multi-state consumer fraud laws.
The plaintiff and the class seek monetary relief of more than $5 million, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Southern District of New York White Plains Division case number 7:22-CV-09545-VB