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Saturday, April 27, 2024

Consumer class action targets snack product over 'preservative free' label

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OAKLAND, Calif. (Legal Newsline) — A consumer class action lawsuit against Arizona Beverages claims its snack products are falsely labeled as preservative-free. 

Infinque Jamison, individually and on behalf of those similarly situated, filed a complaint March 1 in the U.S. District Court for the Northern District of California against Arizona Beverages USA LLC and Hornell Brewing Co., Inc., alleging violation of California's Unfair Competition Law and other claims. 

Jamison alleges in the class action that the defendants are practicing deceptive and misleading marketing of their fruit snacks by claiming they contain "no preservatives" on the front and back labels. Jamison alleges that the snacks contain citric acid, which is classified and identified by the FDA as a preservative. 

The plaintiff also alleges that the defendants include the deception to consumers about their product through their advertising and website. Jamison alleges the defendants target consumers demanding "health-focused" products and have made "millions at the expense of the public health and trust."  The plaintiff claims that the defendants actions not only violate California law but stifle competition in the market place. 

Jamison and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by J. Ryan Gustafson of Good Gustafson Aumais LLP in Los Angeles,, Amir Shenaq of Shenaq PC in Atlanta and Steffan Keeton of The Keeton Firm LLC in Pittsburgh.  

U.S. District Court for the Northern District of California Oakland Division case number 3:23-CV-00920-LB

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