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Capri Sun false ad class action overview:
- Who: A customer south Kraft, the maker of Capri Sun.
Why: The consumer claims the company falsely advertises its Capri Sun Strawberry Kiwi juice drink as containing “all natural ingredients.”
- Where: The Capri Sun class action lawsuit was filed in the US District Court for the Northern District of Illinois.
An Illinois consumer claims that the Kraft Heinz Company, the maker of Capri Sun, falsely advertises its Capri Sun Strawberry Kiwi juice drink as containing “all natural ingredients” when the product contains per- and polyfluoroalkyl substances (PFAS), a category of synthetic chemicals often called “forever chemicals.” PFAS have come under fire in recent years for being potentially dangerous to the environment and human health
Plaintiff Alexandra Toribio argues Kraft misleads customers and entices them into purchasing the Capri Sun strawberry kiwi juice drink by advertising that the product contains “all natural ingredients.”
Allegedly, the company knows that consumers have a distinct preference for products that are natural and are willing to prioritize purchasing natural products over products made with synthetic ingredients. Kraft allegedly includes the all-natural claims not only on the product itself but also on its website and in other messaging.
However, Toribio argues, in the case of the Capri Sun strawberry kiwi juice drink, the claims are false.
Capri Sun strawberry kiwi juice drink class action claims product contains PFAS
Toribio conducted independent testing on the Capri Sun beverage that revealed the presence of PFAS, the Capri Sun class action states. However, the package allegedly does not indicate the presence of PFAS in the beverage. Toribio says that the front of the package asserts that the product contains “all natural ingredients” and the ingredient list on the back of the package does not list PFAS.
The false messaging misleads consumers into purchasing the product, the Capri Sun class action states. PFAS have been linked to serious health issues, and health-conscious consumers would not have purchased the product if they had known that they contained PFAS, according to the lawsuit.
Toribio filed the Capri Sun class action lawsuit on behalf of herself and all similarly affected consumers.
This is not the first time that Capri Sun has come under fire for containing potentially dangerous chemicals. this summer, Kraft recalled around 5,760 cases of Capri Sun Wild Cherry Flavored Juice Drink Blend that had been contaminated with a cleaning product.
Do you try to avoid PFAS in the products you purchase? Let us know in the comments!
Toribio is represented by Gary Klinger, Nick Suciu III, Erin Ruben and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC and Jason P. Sultzer and Daniel Markowitz of The Sultzer Law Group PC.
the Capri Sun class action law suit is Alexandra Toribio et al. v. The Kraft Heinz Company, case no. 1:22-cv-06639, in the US District Court for the Northern District of Illinois.
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