Annie's Fruit Snacks Class Action: Consumers Challenge "Made with Real Fruit Juice" Claim

Case Overview: A class action lawsuit alleges that General Mills misled consumers by falsely advertising Annie's fruit snacks as primarily sweetened with real fruit juice, when in fact they are primarily sweetened with added sugars.

Consumers Affected: Consumers who purchased Annie's fruit snacks believing they were primarily sweetened with real fruit juice.

Court: Superior Court for the State of California, County of San Diego - Central Division

box of Annie's organic fruit snacks

Lawsuit Targets "Made with Real Fruit Juice" Label

Parents and health-conscious consumers who reach for Annie's fruit snacks as a healthier option might be in for a surprise. A new class action lawsuit is challenging General Mills, the parent company, over the accuracy of its "Made with Real Fruit Juice" claim.

Annie's Fruit Snacks: More Sugar Than Fruit, Lawsuit Claims

The lawsuit, filed by San Diego, California resident Diana Harver, contends that consumers are misled into believing the fruit snacks are primarily sweetened with fruit juice. According to the complaint, Haver purchased Annie’s Berry Patch flavor and Summer Strawberry flavor Fruit Snacks beginning in approximately 2022, from a Target store in La Mesa, California. When purchasing the Fruit Snacks, Haver says she was looking for snacks for her family that were sweetened with fruit juice, and specifically looked for label claims for snacks made with real fruit juice.

A closer look at the ingredient list reveals a different story. The lawsuit alleges the main sweeteners in Annie's fruit snacks are actually added sugars, including:

  • Rice syrup: A sweetener derived from rice starch.
  • Cane sugar: Sucrose extracted from sugar cane.
  • Tapioca syrup solids: Powders made from tapioca syrups.
  • Pear juice concentrate: A thick syrup primarily consisting of sugar after the removal of water, fiber, and most nutrients.

While pear juice concentrate originates from fruit, the lawsuit argues that the processing it undergoes strips away most of the fruit's natural goodness, leaving behind a concentrated syrup that's essentially just added sugar. According to the U.S. Food and Drug Administration (FDA), such juice concentrates are considered added sugars due to the filtration and extraction process that removes fiber and most nutrients.

“What remains is a thick, concentrated syrup consisting primarily of sugar,” the Annie’s fruit snack lawsuit contends.

Fruit Snacks’ Labeling Accused of Violating California Law

The case specifically takes issue with each flavor variety of Annie’s fruit snacks, including, at least:

  • Berry Patch Bunny;
  • Bernie’s Farm (strawberry, orange and raspberry);
  • Bees, Bugs & Butterflies (strawberry, raspberry and apple);
  • Minis Bunny (strawberry, mango and cherry);
  • Tropical Treat;
  • Summer Strawberry; and
  • Building Blocks.

The Annie’s fruit snacks' labeling is alleged to violate California Health and Safety Code § 110670, which prohibits food misbranding when it doesn't comply with nutrient content or health claim regulations. The lawsuit alleges that consumers are being misled into believing the popular children's snack is primarily sweetened with fruit juice. 

“Through the misleading “Made with Real Fruit Juice” labeling claim, General Mills was able to gain a greater share of the market than it would have otherwise and was able to increase the size of the market,” the complaint argues.

Annie's Joins Growing List of Food Companies Facing Lawsuits

Annie’s fruit snacks join a growing trend of recent consumer class action lawsuits that have cast doubt on the authenticity of “100% fruit juice” claims. For example, claims of "100% fruit juice" in Albertsons Signature Select fruit cups have been challenged due to the presence of synthetic additives, ascorbic acid and citric acid. Kroger and Aldi are also facing similar lawsuits over the misleading labels of certain fruit cups.

In the Annie’s fruit snacks class action lawsuit, Harver, is seeking to represent a class of California consumers who may have been misled by the "Made with Real Fruit Juice" claim within the last four years, along with an order compelling General Mills to destroy all misleading and deceptive marketing materials and product labels, and to recall all offending fruit snacks.

Case Details

  • Lawsuit: Haver v. General Mills, Inc.
  • Case Number: 3:24-cv-01269-CAB-MMP
  • Court: Superior Court for the State of California, County of San Diego - Central Division

Plaintiffs' Attorneys

  • Jack Fitzgerald, Melanie Monroe, Trevor Flynn, and Peter Grazul (Fitzgerald Monroe Flynn PC )
  • Kenneth D. Quat (Quat Law Offices)

Have you been misled by food labels claiming 'real fruit juice'? Share your experience in the comments.

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