Lawsuit: Kroger Isn’t Using Actual Fruit To Flavor Sparkling Water
A complainant is attempting to challenge Kroger in a class action lawsuit with allegations that Kroger is not truly living up to its claims that its Flavored Sparkling Water product has natural fruit flavoring.
This lawsuit is one of the cases in courts today that are trying to ask for accountability from different food manufacturers in the United States.
Synthetic Substance Used As Substitute For Flavor
Kroger, a large player in the food industry in the country, is slapped with legal action by one of its customers after it allegedly hid the truth from the everyday consumer about its fruit-flavored sparkling water drink actually containing lab-made flavoring additives.
This runs counter to the fact that Kroger has made a vague and different statement when marketing the said drink product.
Michael C. Gammino, the plaintiff in the case, argues that the company doesn’t use actual fruit to put flavors in their drink products.
Instead, they’re said to have used a substance produced in a petrochemical plant designed to mimic the same tastes as their natural fruit counterparts.
In this latest class action lawsuit, Kroger is facing zeroes into the argument that the company is allegedly not following the set laws governing the proper ways of placing and doing the product label to reflect its actual nature and characteristics.
Company Violated Laws On Consumer Protection
Gammino is arguing in his case that the company violated the law by not properly indicating the presence of ‘malic acid’ at conspicuous areas of the product for everyone to see.
He contends that Kroger is using markers on their drink products indicating the specific item’s flavors. Examples are ‘Peach,’ ‘Black Cherry,’ and ‘Strawberry.’
The malic acid used in one of the fruit-flavored drink products is an artificially-made organic compound mainly used in the food industry as an additive.
It has a variety of uses and is mostly found in an array of items – from wines to cosmetics and beauty products.
The alleged malic acid used in Kroger’s fruit drink products is said to have been manufactured in a petrochemical processing facility.
Plaintiff Gammino shares that he has started buying Kroger’s drinks on numerous occasions more than five years ago, all believing that he’s getting a naturally flavored fruit drink.
In filing the case, he firmly believes that he and others shouldn’t be paying much for the product due to its actual ingredients – adding that there are other much cheaper alternatives available that actually uses real fruit as a drink flavoring.
He’s officially accusing Kroger of violating different California and Ohio laws protecting consumer interests, common law warranties, and the like.
A Nationwide Class is being proposed alongside a Subclass for California residents – both encompassing customers who have bought any of Kroger’s fruit-flavored sparkling water beverages believing that they’re made with natural fruit flavors.
Editor’s Note on Kroger Flavored Sparkling Water Class Action Lawsuit:
This feature report aims to give you the latest news on the class action lawsuit launched against Kroger for allegedly not properly disclosing its drink product’s ingredient.
Case Name(s) & No.: Michael C. Gammino et al., v. The Kroger Company; Case No.: 5:21-cv-02933
Jurisdiction: United States District Court for the Northern District of California
Products/Services Involved: Kroger’s sparkling water in different fruit flavors
Allegation(s): Kroger isn’t using actual fruit to flavor its sparkling water beverage product.
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