WHITE PLAINS, N.Y. (Legal Newsline) — Welch Foods is facing a class action lawsuit alleging it deceptively labels its fruit snacks as being preservative-free.
Ryan Flynn and Paula Lycan, individually and on behalf of all others similarly situated filed a complaint Feb; 14 in the U.S. District Court for the Southern District of New York against Welch Foods Inc., and Promotion In Motion Inc., alleging violation of New York General Business Law, fraudulent inducement and other claims.
The plaintiffs claim that they purchased Welch's mixed fruit Fruit Snacks in the state of New York. They allege that the defendants falsely label the snacks as containing "no preservatives" even though they contain citric and lactic acid.
The plaintiffs further allege that the defendants knowingly make the false claim on the food's label and that their own food scientists recognize citric and lactic acid as preservatives. They claim the defendants ignore food science and industry practice related to preservatives and target health-conscious parents who will pay a higher price for products labeled as preservative-free.
The defendants also claim the defendants' false and deceptive "no preservative" claim is also carried out through their online and print advertising.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by Ryan Clarkson, Timothy Giordano and Zachary Chrzan of The Clarkson Law Firm PC in New York.
U.S. District Court for the Southern District of New York case number 1:23-CV-1260