SAN DIEGO (Legal Newsline) - Class action lawyers say there isn't enough blueberry in Kroger's fruit bar, despite packaging that makes customers think otherwise.
Kroger Co., one of the largest grocery chains in the U.S., is facing a class action lawsuit filed by Chelsea Garland and Leroy Jacobs. The suit, lodged in the United States District Court for the Southern District of California on Feb. 5, alleges that Kroger has been misleading consumers by using artificial flavors in its products while promoting them as natural.
The plaintiffs argue that consumer demand for natural flavors is high, with more than 40% of respondents to a Nielsen Global Health & Wellness Survey stating that the absence of artificial flavors is very important to them. They also reference several other surveys and studies indicating that between 60% and 80% of consumers try to avoid artificial flavors due to health concerns.
The complaint highlights that more than a century ago, similar concerns led to the enactment of the Pure Food and Drug Act of 1906, which required disclosure of artificial flavoring. This law was later strengthened by the Federal Food, Drug and Cosmetic Act in 1938.
Kroger's bars are "naturally flavored" and the box shows whole blueberries. The suit says this misleads customers because the bars contain ingredients like artificial malic acid.
Manfred P. Muecke of Muecke APC represents the plaintiffs.