Walmart, Nestle, others face claims of false advertising on food products


Abraham Jewett  |&nbsp

October 21, 2022

Category: Food

Food false advertising class action lawsuits overview: 

  • Who: Class action lawsuits revolving around food have recently been filed against Metamucil, Nonni’s, R.C. Bigelow, Abbott Laboratories, Walmart, and Nestle Healthcare Nutrition. 
  • Why: The class action lawsuits have revolved around claims of false advertising and misleading representations of food and/or dietary supplement products. 
  • Where: Nationwide. 

A number of class action lawsuits have been filed within the past month against companies accused of falsely advertising their food and/or dietary supplement products. 

Consumers have taken aim at companies with false advertising claims revolving around a product’s ingredients, protein content, flavoring, and health benefits, among other things. 

Food companies are commonly under the microscope when it comes to class action lawsuits, with consumers increasingly putting an emphasis on holding them accountable for what they sell to the public. 

Nestle Healthcare Nutrition faced a class action lawsuit earlier this month that was filed by a consumer arguing that the company misrepresents the amount of protein found in its Carnation Breakfast Essentials smoothie product. 

The consumer behind the Nestle class action argues the company falsely represents through its labeling that each serving of the Carnation Breakfast Essentials product would contain at least 13 grams of protein. 

In reality, the consumer argues that the Carnation Breakfast Essentials product only contains 5 grams of protein — only 38% of what is allegedly promised on its labeling — prior to milk being added. 

Metamucil accused of falsely marketing allegedly sugary dietary supplements as healthy

Metamucil, meanwhile, faced claims last month that it falsely markets many of its dietary supplement products as a good way to maintain healthy blood sugar levels, control an appetite, and promote digestive health. 

The consumer behind the Metamucil class action argues that the company’s claims about its dietary supplement products are false and misleading since it allegedly adds so much sugar to it that the product does the opposite of what it represents. 

“In short, consuming the high-sugar Metamucil Powders results in unhealthy changes in blood sugar levels,” states the Metamucil class action. 

Bigelow Tea falsely represents that several of its teas are made entirely in the U.S., says class action 

Also last month, R.C. Bigelow  — the makers of Bigelow tea products — faced class action claims that it falsely represented that several of its products are “Manufactured in the USA 100%.” 

A pair of consumers behind the Bigelow tea class action claim the product is not entirely made in the U.S. since it allegedly contains tea, flavors, and materials that are mostly imported from outside of the country. 

Bigelow is accused of purchasing the ingredients from outside the U.S. before allegedly blending them and packaging the finished product before distributing it to retailers and wholesalers. 

“Plaintiffs purchased the Bigelow tea products based on the reasonable belief that they were Manufactured in the USA,” states the Bigelow tea class action. 

Walmart accused of falsely advertising that Great Value Veggie Straw contain no artificial flavors 

Walmart, meanwhile, faced a class action lawsuit earlier this month that was filed by a consumer arguing that the company falsely advertises that its Great Value brand Veggie Straws contain no preservatives or artificial flavors

The consumer behind the Walmart class action claims that the company’s claims are false and misleading since it allegedly uses malic acid as an artificial flavor enhancer for the product and citric acid as a chemical preservative. 

Walmart is accused of allegedly using malic acid to help reinforce its Great Value Veggie Straws “zesty ranch” flavor, with the consumer arguing it needed to disclose on the product’s label that it contains artificial flavoring. 

Abbott misleadingly represents that its Ensure nutrition drinks are healthy, says class action 

Also this month, a class action lawsuit was filed against Abbott Laboratories by a pair of consumers arguing that the company misleadingly represents that its Ensure brand nutrition drinks are healthy. 

The consumers argue that the Ensure brand nutrition drinks contain too much sugar — allegedly 22 grams per serving _ to be considered a health drink. 

“In light of this sugar content and the scientific evidence, Abbott’s representations that the Ensure Nutrition Drinks are balanced, nutritious, and healthy, are false and misleading,” states the Ensure class action. 

Nonni’s facing claims it misled consumers about amount of lemon in its Limone Biscotti cookies

Nonni’s, meanwhile, faced claims last month that it misled consumers about the amount of lemon that could be found in its Nonni’s Limone Biscotti cookies. 

The consumer behind the Nonni’s class action argues that Nonni’s misleads consumers into believing its Limone Biscotti cookies contain more lemon than they really do, alleging they actually contain a “de minimis amount.” 

“If the Product was providing ‘all the flavor depth of the lemon itself,’ the ingredients would include lemon juice, lemon extract or lemon zest oil,” states the Nonni’s class action. 

Have you purchased any food products that have recently been at the center of a class action lawsuit? Let us know in the comments! 

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