In November 2022, B&G Foods Inc.’s Polaner “All Fruit” jelly spreads were challenged by a proposed class action suit in New York federal court for allegedly misleading consumers into believing the products are sweetened only with fruit juice when they also contain citric acid and natural flavors. See Indiviglio v. B&G Foods Inc., case number 22-cv-09545, in the U.S. District Court for the Southern District of New York. The original compliant argued that the product label claims that the jellies are “Sweetened Only With Fruit Juice” and only contain “All Fruit” are misleading because the ingredient lists indicate the presence of not only juice concentrates and fruit pectin which meet the definition of fruit, but also citric acid and natural flavors, which allegedly do not qualify as fruit ingredients.

Plaintiff maintains that “fruit” means “the seed-associated fleshy structures or produce of plants that are sweet or sour and edible in the raw state.” Although citric acid is an organic acid naturally occurring in various fruits, plaintiff argues that it is industrially produced via fermentation from a fungus when used as an ingredient in other foods. Further, plaintiff argues that natural flavors are defined as the “essential oil” or extractive with “flavoring constituents derived from” fruits and other plant material, whose significant function in food is for flavoring, rather than nutritional, purposes. Due to the inclusion of citric acid and natural flavors, plaintiff alleges that the products’ labels are false and misleading, contending that consumers value fruit ingredients for generally being less processed, more natural and healthier than non-fruit ingredients and pay a premium price for products labeled as containing only fruit.

On March 20, B&G Foods Inc. filed a motion to dismiss, arguing that the fruit label is neither false or misleading and that the plaintiff makes generalized allegations about the food industry regarding the sources and uses of citric acid and natural flavor ingredients in foods. On Monday, April 3, plaintiff filed a memorandum to court requesting the case be preserved, arguing that the “all fruit” claim is synonymous with “nothing but, or only” fruit and maintaining that citric acid and natural flavors do not meet the a typical consumer’s understanding of the definition of “fruit.”

Keller and Heckman will continue to monitor consumer class actions regarding challenges to food label claims.