As alleged, the Nestle labels SweeTARTS as if they contain only natural ingredients and are flavored only with natural ingredients when the Product actually contains undisclosed artificial flavors in violation of state and federal law. Defendant’s packaging, labeling, and advertising scheme is intended to give California consumers the impression that they are buying a premium, “all natural” product with natural flavoring ingredients instead of a product that is artificially flavored.
Plaintiff, who was deceived by Defendant’s unlawful conduct and purchased the Products in California, brings this action on her own behalf and on behalf of California consumers to remedy Defendant’s unlawful acts.
Plaintiff brings this class action against NESTLE USA, INC, for the deceptive practice of marketing its Lean Cuisine® frozen meals as having “No Preservatives” when many of them contain citric acid (2-hydroxypropane-1,2,3-tricarboxylic acid), a well-known preservative commonly used in commercial food and drink products.
Defendant sold Plaintiff and Class members, and continues to sell consumers, the following products containing citric acid with misleading “No Preservatives” language:
- Lean Cuisine® favorites Alfredo Pasta with Chicken & Broccoli
- Lean Cuisine® favorites Four Cheese Cannelloni
- Lean Cuisine® favorites Cheese Ravioli
- Lean Cuisine® favorites Chicken Enchilada Suiza
- Lean Cuisine® favorites Fettuccini Alfredo
- Lean Cuisine® favorites Classic Five Cheese Lasagna
- Lean Cuisine® favorites Asian-Style Pot Stickers
- Lean Cuisine® favorites Spaghetti with Meatballs
- Lean Cuisine® favorites Macaroni & Cheese
- Lean Cuisine® favorites Chicken Fettuccini
- Lean Cuisine® favorites Five Cheese Rigatoni
- Lean Cuisine® favorites Cheddar Potatoes with Broccoli
- Lean Cuisine® favorites Lasagna with Meat Sauce
- Lean Cuisine® MARKETPLACE Roasted Chicken & Garden Vegetables
- Lean Cuisine® MARKETPLACE Creamy Basil Chicken with Tortellini
- Lean Cuisine® MARKETPLACE Chicken with Almonds
- Lean Cuisine® MARKETPLACE Sesame Chicken
- Lean Cuisine® MARKETPLACE Chicken Pecan
- Lean Cuisine® MARKETPLACE Ginger Garlic Stir Fry with Chicken
- Lean Cuisine® MARKETPLACE Tortilla Crusted Fish
- Lean Cuisine® MARKETPLACE Orange Chicken
- Lean Cuisine® MARKETPLACE Apple Cranberry Chicken
- Lean Cuisine® MARKETPLACE Chile Lime Chicken
- Lean Cuisine® MARKETPLACE Mushroom Mezzaluna Ravioli
- Lean Cuisine® MARKETPLACE Ranchero Braised Beef
- Lean Cuisine® MARKETPLACE Cheese and Bean Enchilada Verde
- Lean Cuisine® MARKETPLACE Cheese Tortellini
- Lean Cuisine® MARKETPLACE Ricotta Cheese & Spinach Ravioli
- Lean Cuisine® MARKETPLACE Spicy Beef & Bean Enchilada
- Lean Cuisine® MARKETPLACE Spicy Mexican Black Beans & Rice
- Lean Cuisine® Comfort Chicken Parmesan
- Lean Cuisine® Comfort Herb Roasted Chicken
- Lean Cuisine® Comfort Meatloaf with Mashed Potatoes
- Lean Cuisine® Comfort Salisbury Steak with Macaroni & Cheese
- Lean Cuisine® Comfort Shrimp Alfredo
- Lean Cuisine® Comfort Grilled Chicken Caesar
- Lean Cuisine® Craveables Four Cheese Pizza
By deceptively marketing the Products as having “No Preservatives,” Defendant wrongfully capitalized on, and reaped enormous profits from, consumers’ strong preference for food products made free of preservatives.
Plaintiff brings this proposed consumer class action on behalf of herself and all other persons in New York, who, from the applicable limitations period up to and including the present purchased for consumption and not resale any of Defendant’s Products.
Plaintiff filed a class action against defendants Gerber Products Company d/b/a/ Nestlé Infant Nutrition, and Nestlé USA, Inc. (“Defendants”) to end Defendants false, deceptive and misleading advertising message about the Gerber Probiotic Products’ purported contribution to infant immunity and digestive health, and to correct the false and misleading perception Defendants have created among consumers who have purchased the products.
Defendants manufacture, market, distribute and sell infant formula and cereal for consumption by individuals between 0 and 24 months old, which are advertised as promoting various benefits—such as immunity protection and digestive health- because of the presence of probiotic and prebiotic cultures in the foods (the “Gerber Probiotic Products”). These claims, however, are unsupported by scientific evidence. Plaintiff and members of the putative class were injured when they purchased the Gerber Probiotic Products in reliance on these false and misleading claims.
Class: All persons who purchased in the United States one or more of the Gerber Probiotic Products from January 1, 2007 to the present (the “Class Period”) for personal or household use, and not for resale or distribution purposes.