The lawsuit is brought against Dole Fresh Vegetables, Inc. for misleading consumers about the nature of the unnatural and dangerous ingredients in Dole’s All Natural Dole Salad Kits (the “Salad Kits” or “Products”) including: Asian Island Crunch Kit, Caesar Salad Kit, Endless Summer, Garlic Caesar Salad Kit, Light Caesar Salad Kit, Perfect Harvest Salad Kit, Southwest Salad, Spinach Cherry Almond Bleu, Ultimate Caesar, Value Size Caesar Kit.
Beginning in 2010, Defendant engaged and continues to engage in a widespread, uniform marketing campaign using the Salad Kits packaging, website, and advertisements to mislead consumers about the nature of the ingredients in the Salad Kits. Defendant prominently places the label “All Natural” on the Salad Kits packaging, even though Defendant knows such statements are false, deceptive, misleading, and unfair. In fact, the Salad Kits contain synthetic unnatural ingredients. Dole’s representation that the Salad Kits are “All Natural” is material and central to the marketing of the Salad Kits and is the means by which Defendant (falsely) differentiates the Products from other comparable salad products.
The “All Natural” claim is prominently displayed, not only on the Salad Kits’ front packaging, but also on Dole’s website and in Dole’s advertisements. Unfortunately for consumers, the Salad Kits are not natural. Rather, the Salad Kits contain unnatural synthetic ingredients including Xanthan Gum, Sodium Benzoate, Phosphoric Acid, and Ascorbic Acid
In marketing its Salad Kits as “All Natural, Dole misled Plaintiff and Class members into believing that the Salad Kids were “All Natural, when, in fact, they are not because the Salad Kits contain synthetic ingredients.
Through its deceptive practice of marketing and selling its Products as “All Natural” despite the presence of synthetic ingredients, Defendant was able to command it premium price by deceiving consumers about the attributes of the Products and distinguishing the Products from similar products. Defendant was motivated to mislead consumers for no other reason than to take away market share from competing products, thereby increasing its own profits.
As alleged, were it not for Defendant’s unfair and deceptive practices, Plaintiff and the Class would not have purchased Defendant’s “Active Naturals” or paid a price premium to purchase them.