Harris Teeter Class Action: Are "Naturally Flavored" Cereal Bars Misleading?

Case Overview: A class action lawsuit has been filed against Harris Teeter, alleging that their cereal bars are misleadingly marketed as "naturally flavored" when they contain a synthetic ingredient.

Consumers Affected: Individuals who purchased Harris Teeter cereal bars.

Court: U.S. District Court for the Western District of North Carolina, Charlotte Division

Harris Teeter falsely claims its fruit cereal bars are made from natural ingredients, when they in fact contain a chemical additive, a new lawsuit claims.

The company is facing a class action lawsuit over the labeling of its cereal bars, with claims that the company misled consumers by falsely advertising them as “naturally flavored” when they use artificial malic acid in the bars. 

Despite the packaging indicating the bars, which are sold in flavors like strawberry, blueberry, apple cinnamon, and mixed berry, are "Naturally Flavored With Other Natural Flavors," the lawsuit alleges that an artificial version of malic acid is used, violating consumer trust and the law.

Harris Teeter Accused of Misleading Consumers With "Naturally Flavored" Claims

North Carolina resident Ellen Zwilling filed the proposed class action lawsuit against Harris Teeter, claiming she bought the mixed berry cereal bars at a Harris Teeter store after being drawn in by the product’s claims of natural ingredients. 

As a mother of young children, Zwilling says she makes an effort to buy “clean” foods and checks labels to avoid artificial flavorings. The lawsuit states that Zwilling reasonably believed the cereal bars were free of artificial ingredients based on Harris Teeter’s “Naturally Flavored” label.

According to Zwilling, she wouldn’t have purchased the bars if she had known they contained synthetic malic acid. Independent testing, commissioned by her legal team, confirmed that the bars contain DL-malic acid, a synthetic version derived from petroleum, rather than the naturally occurring L-malic acid found in fruits like apples. 

The lawsuit argues that Harris Teeter’s failure to disclose this violates both consumer trust and federal regulations, which require foods with artificial flavoring to be clearly labeled as such.

Lawsuit Claims Consumers Overcharged for Mislabeled Cereal Bars

The lawsuit highlights growing consumer demand for natural and “clean label” foods. A 2018 survey found that over two-thirds of consumers prefer foods with no preservatives, and a majority are willing to pay extra for products labeled as natural or minimally processed, the lawsuit claims. 

This trend has led to a boom in the “natural foods and drinks” market, which was projected to reach nearly $200 billion in annual sales by 2023, the lawsuit states.

Zwilling’s lawsuit claims Harris Teeter took advantage of this consumer preference by falsely advertising its cereal bars as naturally flavored. She alleges that the company charged a premium price for the bars based on misleading claims, deceiving consumers who rely on accurate labeling to make informed decisions about the food they buy.

Consumers Hold Food Manufacturers Accountable

Harris Teeter isn’t alone in facing legal scrutiny over misleading food labels. Similar lawsuits have been filed against major brands like Walmart, Coca-Cola, and Aspire Brands. Walmart’s Parent’s Choice Yogurt Bites are the subject of a class action lawsuit for being labeled preservative-free, despite allegedly containing ascorbic acid, a chemical preservative.

Coca-Cola has faced accusations over its Minute Maid Fruit Punch, which was marketed as preservative-free despite containing citric acid. Aspire Brands, known for its energy drinks, was sued for advertising them as natural and preservative-free, only for consumers to discover they contained synthetic preservatives.

In Zwilling’s case, she wants to represent people from across the country in her claims of breach of warranty, unjust enrichment, and violations of North Carolina trade law. She is seeking damages, injunctive relief, fees, and costs.

Case Details

• Lawsuit: Zwilling v. Harris Teeter LLC
• Case Number: 24-Cv-917
• Court: U.S. District Court for the Western District of North Carolina, Charlotte Division

Plaintiffs' Attorneys

• Inez de Ondarza Simmons (De Ondarza Simmons PLLC) 
• Charles C. Weller (Charles C. Weller, APC) 

Have you purchased Harris Teeter cereal bars? What are your thoughts on the product's labeling and the "naturally flavored" claim? Share your experiences in the comments below.