Gerber Faces Class Action for Allegedly False 'NO Preservatives' Claims

A class action was recently filed against Gerber alleging that Gerber falsely advertised its popular Yogurt Melts and Fruit & Veggies Melts as containing "NO preservatives," despite the products allegedly containing three well-known preservatives—citric acid, ascorbic acid, and tocopherols. The lawsuit argues that the presence of these additives contradicts Gerber's explicit "NO preservatives" claims on the product packaging.

The Proposed Class Action

The lawsuit seeks class action status, aiming to represent all consumers who purchased Gerber's Yogurt Melts and Fruit & Veggies Melts under the belief that the products were preservative-free. If the class action is certified, it could have significant implications for Gerber in terms of financial restitution and potential changes to its advertising practices.

Legal Implications

The complaint claims that the product labels placed the word "just goodness" over the phrases "NO artificial flavors," "NO artificial sweeteners," and "NO preservatives." However, the lawsuit contends that ascorbic acid is listed as "Vitamin C (Ascorbic Acid)" under the "Vitamins & Minerals" heading on Gerber's ingredient list, misleading customers. The complaint further explains, that while ascorbic acid and Vitamin C are synonyms, this is intended for the nutrient information listed on the product.

The consumers allege that they would not have purchased the baby food if they had known that it did in fact contain preservatives. Damages here will likely be measured as the full price of the product.