LOS ANGELES (Legal Newsline)— A California woman alleges a fruit snack product is falsely labeled as "naturally flavored" despite containing petrochemical-derived ingredients.
Deana Lozano, individually and on behalf of all those similarly situated, filed a complaint June 14 in the U.S. District Court for the Central District of California against Ferrara Candy Company Holdings Inc., alleging violation of California Business & Professions Code and other claims.
Lozano alleges in her class action she purchased the defendant's "Black Forest Juicy Burst Fruit Flavored Berry Medley Snacks" from Walmart in Hawthorne, California. She claims the front label of the product states "Naturally Flavored" and "Made With Real Fruit Juice," and that these claims are false because the fruit snacks are actually flavored with DL malic acid, which is derived from petrochemicals.
Lozano further claims that the defendant used the petrochemical-derived DL malic acid to create a "sweet and tart" taste but "pretends that it uses only natural flavorings." She alleges the defendant misbrands the products to deceive consumers by depicting fruits on the label and in violation of California law.
Lozano claims consumers rely on the label claims made by the defendant and that she and other consumers suffered economic injury due to the fraudulent and deceptive conduct of the defendant.
Lozano and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Charles Weller of Charles C. Weller APC in San Diego.
U.S. District Court for the Central District of California case number 2:23-CB-04670-RGK-JPR