Snack Food Maker Target of Proposed Class Action Involving Preservatives-Free Claim

A consumer has filed a putative class action against Herr Foods Inc.,
maker of potato chips, popcorn and cheese curls products, alleging the
company mislabels its foods as preservative-free despite containing citric
acid. Hu v. Herr Foods Inc., No. 16-3313 (E.D.N.Y., filed June 20, 2016).
The complaint alleges Herr seeks “to capitalize on consumers’ preference
for natural products and the association between such products and a
wholesome way of life” by labeling the products as free of preservatives,
but the products contain citric acid, “a non-natural, chemically processed
ingredient and preservative.” For allegations of misrepresentation,
breach of warranties and unjust enrichment as well as violations of New
York consumer-protection statutes, the plaintiff seeks class certification,
restitution, damages, an injunction and attorney’s fees.

Issue 609