TAMPA, Fla. (Legal Newsline) - A class action lawsuit says the filling in Walmart's fruit bars contains artificial flavors, though consumers would be misled by the front of their packaging.
Plaintiff Mackenzie Irwin and her lawyers William Wright and Spencer Sheehan sued Walmart July 13 in Tampa, Fla., federal court over Great Value brand fruit and grain cereal bars. The front of their boxes say they are "Naturally Flavored" and "Made with Real Fruit Filling."
But they contain the synthetic version of malic acid, the lawsuit says. The ingredient is listed on the back of the boxes, as is cherry puree for the cherry flavor and apple puree for the apple version.
"The labeling is misleading because it represents and omits that the taste of the characterizing fruit filling ingredients, i.e., cherries and apples, is only from those fruit ingredients and/or natural flavoring ingredients and does not include artificial flavoring ingredients which partially provide their cherry and apple taste," the suit says.
It goes on to argue a "large majority" of consumers prefer natural ingredients over artificial. The suit argues a class of Florida consumers should be certified to sue under the state's false and misleading advertising statute.
"Defendant intended for consumers to rely on its false statements for the purpose of selling the products," it says. "Plaintiff and class members did in fact rely upon these statements.
"Reliance was reasonable and justified because of Defendant's reputation as a trusted and reliable company, known for its high-quality products, honestly marketed to consumers."