Dole Whip Class Action: Lawsuit Alleges Artificial Ingredients

Case Overview: A class action lawsuit has been filed against Dole, alleging that the company misled consumers by labeling its Dole Whip products as having "No Artificial Ingredients" despite containing citric acid, a synthetic preservative.

Consumers Affected: Consumers who purchased Dole Whip products labeled as having "No Artificial Ingredients."

Court: U.S. District Court for the Central District of California, Eastern Division

Dole misleads consumers by labeling its popular Dole Whip products as having “No Artificial Ingredients,” despite containing citric acid, a synthetic preservative, a new lawsuit claims. 

The proposed class action lawsuit alleges that Dole’s labeling deceived customers into believing they were purchasing a natural product free from artificial additives, violating consumer laws around false advertising and labeling.

Dole Whip Contains Artificial Ingredients, Lawsuit Says

Julian Aguilar filed the proposed class action lawsuit after he purchased a Dole Whip mango-flavored product in Victorville, California, in the summer of 2024, relying on the label’s “No Artificial Ingredients” claim, he says. 

Aguilar states he would not have bought the product, or would have paid less for it, had he known it contained artificial ingredients like citric acid. Believing the label’s claim, Aguilar felt deceived learning that the Dole Whip contained artificial preservatives. The lawsuit argues that Aguilar might purchase Dole Whip products again if Dole removes the artificial ingredients or accurately reflects them on the label. 

Synthetic Citric Acid Misleads Consumers

Citric acid is a widely used preservative, often perceived by consumers as natural due to its name’s association with citrus fruits, the lawsuit states. However, the citric acid in commercial products like Dole Whip is synthetic, produced through a fermentation process involving the black mold Aspergillus niger. 

This mold is modified to create citric acid on a large scale, making it cost-effective for food manufacturers. This artificial version differs significantly from naturally occurring citric acid in citrus fruits. According to the lawsuit, synthetic citric acid can cause adverse reactions for some individuals, including joint pain, stomach discomfort, and other symptoms.

Dole, like many companies, uses citric acid in its products to extend shelf life and maintain flavor stability. Citric acid serves as a preservative that keeps food fresher for longer, especially useful in products that are stored at room temperature. 

However, critics argue that labeling such products as free of artificial ingredients is misleading, given the industrial nature of synthetic citric acid production. In Dole’s case, the lawsuit argues that using citric acid contradicts the “No Artificial Ingredients” label, misleading consumers who might otherwise avoid artificial additives.

Other Companies Face Similar Lawsuits

Dole is not the only company facing legal scrutiny over using synthetic citric acid while claiming their products are “all-natural.” Snapple is also embroiled in a class action lawsuit for allegedly misleading consumers with its “All Natural” label, despite containing synthetic citric acid. 

Similarly, Bayer was sued over its Flintstones sour gummy vitamins, which plaintiffs claim are falsely advertised as “free of artificial flavors” while containing DL-malic acid, a synthetic ingredient. Other lawsuits have targeted brands like Aspire and Albertsons for labeling products as preservative-free or 100% natural while including synthetic preservatives like citric acid.

In his proposed class action lawsuit, Aguilar wants to represent consumers nationwide in his claims that Dole violated California’s Consumers Legal Remedies Act, Unfair Competition Law, as well as breach of express warranty. He is seeking damages, restitution, interest, and injunctive relief.

Case Details

• Lawsuit: Aguilar v. Dole Food Company, Inc.
• Case Number: 5:24-cv-02305-KK-SHK
• Court: U.S. District Court for the Central District of California, Eastern Division

Plaintiffs' Attorneys

• Craig W. Straub, Michael T. Houchin, and Kurt D. Kessler (Crosner Legal, P.C.)

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