SAN FRANCISCO (Legal Newsline) — Welch Foods is facing a class action alleging its fruit snacks are falsely labeled as not containing any preservatives when they contain chemically processed ingredients as preservatives.
Matthew Sinatro and Shane Winkelbauer, individually and on behalf of all others similarly situated, filed a complaint Nov. 9 in the U.S. District Court for the Northern District of California against Welch Foods Inc., and Promotion In Motion Inc., alleging violation of the Unfair Competition Law, fraud and other claims.
The plaintiffs allege in their class action that Welch falsely labels its fruit snacks with "no preservatives" because they contain citric and lactic acid as preservatives. They claim that Welch targets "health-conscious" parents who are concerned about giving their children citric and lactic acid, which are chemicals known to erode tooth enamel and cause gastrointestinal tract problems.
They allege Welch capitalizes on the deceptive marketing of its fruit snacks so that consumers believe they are healthy and preservative-free and pay more for the products, which gives the company an unfair, competitive advantage. The plaintiffs further allege that Welch's deceptive labeling and marketing violates California's Unfair Competition Law and False Advertising Law.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by Ryan Clarkson and Zachary Chrzan of The Clarkson Law Firm PC in in Malibu, California.
U.S. District Court for the Northern District of California case number 3:22-CV-07028-TSH