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Tomato no preservatives class motion overview:
Who: A canned tomato shopper sued Pacific Coast Producers.
Why: The plaintiff says the corporate falsely markets its canned tomatoes as being “preservative-free” once they comprise citric acid.
The place: The category motion lawsuit was filed in a California federal court docket.
What are my choices: Strive different canned tomato merchandise from Thrive Market .
America’ largest tomato canning firm falsely markets its tomatoes as being “preservative- free,” a brand new class motion lawsuit alleges.
Daniel Onn filed the category motion lawsuit in opposition to Pacific Coast Producers July 14 in a California federal court docket, alleging violations of state and federal shopper legal guidelines.
Pacific Coast Producers operates the biggest tomato canning facility in america and makes and sells a number of sorts of canned tomatoes all through the nation, together with in California, Onn says.
In keeping with the lawsuit, the corporate markets its merchandise in a “systematically deceptive method” by misrepresenting that they don’t comprise preservatives.
“Defendant clearly lists ‘No Preservatives’ on Merchandise’ label, capitalizing on the choice of health-conscious customers to buy meals which can be free from preservatives,” Onn states. “Nevertheless, Defendant’s Merchandise comprise ‘citric acid’—a well known preservative utilized in meals merchandise.”
FDA considers citric acid preservative, ‘no-preservative’ lawsuit says
Onn says the U.S. Meals & Drug Administration (FDA) acknowledges citric acid as a preservative as a result of it’s categorised as an antioxidant that delays or prevents the deterioration of meals by oxidative mechanisms.
He alleges Pacific Coast Producers purposefully mislabels its tomatoes to attraction to shopper demand for preservative-free meals. The alleged false illustration permits the corporate to cost extra for the product than it’s value, Onn says.
Onn is suing on behalf of anybody who purchased any Pacific Coast Producers tomatoes labeled as containing “no preservatives” however containing citric acid, plus a subclass of customers from California.
He’s suing for breach of California enterprise and shopper legal guidelines, breach of guarantee and unjust enrichment. He seeks certification of the category motion, damages, charges, prices and a jury trial.
Pacific Coast isn’t the one tomato producer to face a lawsuit. In 2019, a shopper filed a category motion lawsuit in opposition to Cento Fantastic Meals, claiming its San Marzano merchandise have been made with low-quality tomatoes.
What do you consider the allegations on this canned tomato class motion lawsuit? Tell us within the feedback.
The plaintiff is represented by Frederick J. Klorczyk III of Bursor & Fisher P.A.
The Pacific Coast Producers class motion lawsuit is Daniel Onn v. Pacific Coast Producers, Case No. 5:23-cv-03524-SVK, within the U.S. District Court docket for the Northern District of California.
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