BROOKLYN, N.Y. (Legal Newsline) - A class action lawsuit claims citric acid ruins Hershey's claims that Pirate's Booty snacks contain no artificial preservatives.
Plaintiffs Lauren Stanzione and Victoria Tyson filed a class action lawsuit May 30 against The Hershey Company in New York federal court. The plaintiffs allege that Hershey's Pirate’s Booty snacks falsely claim to contain "No Artificial Colors or Preservatives," while actually containing citric acid, a known preservative.
This allegedly misleading representation is said to have induced health-conscious consumers to purchase the product under false pretenses.
The lawsuit seeks redress for violations of New York General Business Law §§ 349 and 350, breach of express warranty, and unjust enrichment. Plaintiffs argue that Hershey has profited unjustly from these deceptive practices and seek compensatory damages, restitution, injunctive relief, and attorney’s fees.
The court filing highlights says citric acid is recognized by the FDA as a preservative due to its antioxidant and antimicrobial properties. Despite this, Hershey allegedly markets Pirate’s Booty as free from artificial preservatives to capitalize on consumer demand for natural products.
Julian Diamond of Bursor & Fisher represents the plaintiff.