Walmart Class Action: "No Preservatives" Yogurt Snacks Mislead Consumers

Case Overview: A class action lawsuit has been filed against Walmart, alleging that their Parent's Choice Yogurt Bites are misleadingly marketed as preservative-free. The plaintiff claims that the product contains ascorbic acid, a chemical preservative.

Consumers Affected: Consumers who purchased Parent's Choice Yogurt Bites.

Court: U.S. District Court for the Northern District of California, San Jose Division

assorted box of parent's choice yogurt bites

Parent's Choice Yogurt Bites Allegedly Contain Hidden Preservatives

Walmart has been hit with a lawsuit over the advertising of its "Parent’s Choice Yogurt Bites Freeze-Dried Yogurt & Fruit Snacks," with consumers accusing the retail giant of misleading consumers. 

Walmart advertises the snacks as having no preservatives when in fact they contain ascorbic acid—a chemical preservative. The lawsuit claims Walmart has profited by marketing the product as healthier, particularly to parents of young children, seeking preservative-free snacks.

Lawsuit Claims Walmart Misled Consumers With "No Preservatives" Claim On Yogurt Snacks

Rebeca Castillo, a San Jose resident, filed the proposed class action lawsuit against the company. Castillo says over the past two years she regularly bought the yogurt bites from Walmart, relying on the label’s claims that the product was free from preservatives believing it was a healthier option for her children. 

“Ms. Castillo was injured in fact and lost money as a result of Defendant’s improper conduct,” the lawsuit alleges.

Like many consumers, Castillo said she was drawn to Walmart’s assurances of a preservative-free product and feels misled, claiming that had she known about the inclusion of ascorbic acid, she would not have spent money on the product. The lawsuit argues that Castillo and other class members were financially harmed by Walmart’s misleading labeling.

What is Ascorbic Acid?

Ascorbic acid, also known as Vitamin C, is a nutrient commonly found in fruits and is also used as a dietary supplement which works as an antioxidant and can help prevent and treat scurvy (a disease that causes fatigue, gum swelling, joint pain, and poor wound healing from a lack of vitamin C in the body). 

It is also used as a chemical preservative. According to the Food and Drug Administration, ascorbic acid falls within the legal definition of a preservative, as it prevents oxidation and deterioration in foods. The FDA defines a preservative as any chemical added to food to prevent spoilage, and in this case, ascorbic acid maintains freshness in Walmart’s yogurt bites.

The lawsuit alleges that even though ascorbic acid is present in small amounts in Walmart’s yogurt bites, it is still effective as a preservative, and a chemical analysis cited in the lawsuit says the product contains a higher concentration of ascorbic acid than USDA guidelines recommend for food preservation.

Walmart Accused of Exploiting Consumer Demand for Clean Label Products

The popularity of clean label products has surged in recent years, as consumers increasingly seek natural foods without artificial additives or preservatives. Market research shows that over 80% of American consumers are willing to pay more for products that are free from preservatives and other artificial ingredients. 

Labels that advertise “No Preservatives” or “All Natural” are particularly attractive to parents of young children, who perceive these claims as indicators of healthier options.

Walmart’s marketing of the yogurt bites capitalizes on this consumer trend, according to the lawsuit, by falsely reassuring customers that the product is preservative-free. The lawsuit claims that Walmart deliberately misled consumers to charge a premium for what is marketed as a healthier product.

“By failing to properly label its Product, Defendant has misled and deceived consumers in violation of the laws pled herein,” the lawsuit alleges. “As a result of Defendant’s unlawful and deceptive conduct, Plaintiff and members of the Class have been harmed.” 

Food Companies Face Growing Scrutiny Over Misleading Labeling Practices

Walmart is not alone in facing legal challenges over misleading labeling. Other companies, such as Coca-Cola and Aspire Brands, have been sued for falsely advertising their products as preservative-free despite the presence of chemicals like ascorbic acid and citric acid. These lawsuits reflect a growing concern over the accuracy of product labeling, particularly in an era when consumers are more health-conscious than ever.

In one case, Coca-Cola faced a lawsuit over its Minute Maid Fruit Punch, which claimed to be preservative-free despite containing citric acid, a known preservative. Similarly, Aspire Brands marketed its energy drinks as “natural” and preservative-free, but they were found to contain synthetic preservatives. 

GIANT is also facing a class action lawsuit alleging that their orange soda contains BVO, a banned preservative, and that the company failed to warn consumers about the associated health risks. 

In the case against Walmart, Castillo wants to represent California consumers in her claims of breach of warranty and violations of California’s Business and Professions Code. She is seeking damages, restitution, interest, fees, and costs. 

Case Details

  • Lawsuit: Castillo v. Walmart Inc. 
  • Case Number: 5:24-Cv-06757-Svk
  • Court: U.S. District Court for the Northern District of California, San Jose Division 

Plaintiffs' Attorneys

  • Michael D. Braun (Kuzyk Law, LLP)
  • Peter N. Wasylyk (Law Offices of Peter N. Wasylyk)

Have you purchased Parent's Choice Yogurt Bites? What are your thoughts on the product's labeling and the "no preservatives" claim? Share your experiences in the comments below.

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