Ahoy, mateys! There may be stormy weather ahead for Pirate’s Booty after a new class action lawsuit set sail, accusing the popular snack brand of misleading consumers about its ingredients.
Filed by plaintiffs Lauren Stanzione and Victoria Tyson in New York, the lawsuit takes aim at Pirate’s Booty’s “No Artificial Colors or Preservatives” label. The crux of the complaint? The presence of citric acid in the cheesy puffs, a common food additive that the suit argues functions as a preservative.
The lawsuit argues that even if citric acid isn't technically classified as a preservative in every instance, its presence in Pirate’s Booty extends shelf life and inhibits bacterial growth – making it a preservative in all but name.
The plaintiffs point out that the FDA considers citric acid a preservative and cite instances where the FDA has warned other companies about failing to disclose citric acid as a preservative on labels.
The complaint paints a picture of The Hershey Company, which owns Pirate’s Booty, capitalizing on the “healthier” perception of products free from artificial preservatives. By highlighting the absence of artificial preservatives on the label, the suit alleges, Hershey steers consumers towards Pirate’s Booty, potentially at a premium price.
“Defendant markets its Product in a systematically misleading manner by misrepresenting that the Product does not contain artificial preservatives,” the plaintiffs contend.
This lawsuit adds to a string of recent cases highlighting consumer concerns about transparency in food labeling. Similar suits have targeted companies for allegedly misleading consumers about the use of “natural” ingredients and undisclosed additives.
In the Pirate’s Booty preservative free class action lawsuit, Stanzione and Tyson seek to represent all U.S. consumers who purchased Pirate’s Booty snacks during the relevant timeframe. The plaintiffs aim to achieve:
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