Orgain Organic Nutrition Vanilla Shake Labeling and Marketing is Misleading
Orgain false advertising becomes the focus of a class action lawsuit filed against the company who has been accused of deceiving consumers with its Organic Nutrition Vanilla Shake to contain real vanilla.
According to consumers, the ingredients list reveals that the shakes contain unspecified “Natural Flavor” instead of a vanilla ingredient. The marketing for the product also fails to disclose that the product contains artificial flavors.
Read about the case under the name: Jones et al v. Orgain, LLC, Case No. 20-cv-8463, S.D. NY.
Are you affected by the allegations in this class action lawsuit? Contact us today for help.
Facts of the Case: Deceptive and Misleading Marketing
According to the class action lawsuit, the product contains front label representations such as “Sweet Vanilla Bean Flavor” with pictures of vanilla beans and the vanilla flower.
The lawsuit argues that the “unqualified, prominent and conspicuous representation as ‘Sweet Vanilla Bean Flavor’ is false, deceptive and misleading because the Product contains trace or a de minimis amount of vanilla from real vanilla beans from the vanilla plant, and the presence of vanillin and other artificial flavors is not disclosed to consumers where they are expecting to see it on the front of the Product.”
A lot of food companies have been focusing on using more “natural, wholesome and fresh ingredients.” Industry reports reveal that a higher percentage of consumers prefer to avoid artificial flavors on their food products.
Using vanilla in products automatically makes that product understandably more expensive as real vanilla is expensive.
The lawsuit argues that listing “’ Organic Natural Flavor’ and ‘Natural Flavor’ means the Product’s vanilla taste is not derived exclusively or even predominantly from vanilla sources because if it did, it would only list ‘vanilla extract.’”
The product contains an abnormal excess of vanillin, maltol, and piperonal, which are flavor enhancers, indicating that the product does not contain real vanilla but artificial flavors of it.
As a result, the product is being sold at a premium price “approximately no less than $4.89 per 32 OZ, excluding tax, compared to other similar products represented in a non-misleading way.”
Orgain is accused of negligent misrepresentation, breaches of express warranty, implied warranty of merchantability and the Magnuson Moss Warranty Act, fraud, unjust enrichment, and violating the Consumer Protection Statute of the New York General Business Law.
Editor’s note on the Orgain Organic Nutrition Vanilla Shake Lawsuit:
This piece is written about the recent Orgain Organic Nutrition Vanilla Shake Lawsuit. If you are considered eligible to be among the class of consumers described in the class action, you may eventually be able to participate in receiving any compensation the court may award.
If you believe that what is alleged in the Orgain Organic Nutrition Vanilla Shake class action lawsuit has affected you, please don’t hesitate to reach out to us.
We’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join the consumer class action. If interested, please send an email to Outreach@ConsiderTheConsumer.com, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from you all.
Similarly, please check out our current list of Class Actions and Class Action Investigations, here.
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