January 27, 2023

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Kroger “Naturally Flavored” Sparkling Water Federal Class Action Lawsuit Filed

  • On November 28, a putative class action suit filed in Ohio federal court alleges that The Kroger Company misleads shoppers by falsely advertising that its sparkling waters are “naturally flavored,” despite adding malic acid derived from petrochemicals, which the plaintiff alleges imitates the characterizing flavor of the names fruit in its beverage products.

  • Plaintiff Cameron claims she bought the beverages at Kroger locations over the course of five years between 2016 and 2021 in Ohio and Tennessee after relying on the statements made on the products’ labels.

  • Kroger labels and advertises its sparkling waters as containing different characterizing flavors like strawberry, white grape, mixed berry, kiwi strawberry, blueberry pomegranate, black cherry and pineapple coconut. Plaintiff Cameron alleges that the characterizing flavors are not exclusively derived from the named fruit ingredients.

  • Plaintiff seeks several forms of relief on behalf of fellow shoppers over Kroger’s allegedly deceptive marketing practices, including a court order compelling the grocery giant to stop packaging, distributing, advertising and selling the products that it alleges are in violation of U.S. Food and Drug Administration regulations.

  • The case is Mary Cathleen Cameron v. The Kroger Company, case number 1:22-cv-00694, in the U.S. District Court for the Southern District of Ohio.

© 2023 Keller and Heckman LLPNational Law Review, Volume XII, Number 336
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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