Court Dismisses “No Preservatives Added” Claims Against Herr Foods
A Pennsylvania federal court has dismissed without prejudice a consumer lawsuit alleging Herr Foods Inc. labels its snack products as free from added preservatives despite containing citric acid. Hu v. Herr Foods, Inc., No. 165037 (E.D. Pa., order entered April 24, 2017). Additional information on the complaint appears in Issue 609 of this Update.
Herr moved for a judgment on the pleadings, arguing that the citric acid in its products was not serving as a preservative. The court dismissed the claim for unjust enrichment but granted leave to amend claims for alleged violations of New York laws governing deceptive acts and practices, noting that the deficiency “is a lack of allegations supporting plaintiff’s conclusory statement that citric acid functions as a preservative in the products, which plaintiff could remedy by pleading appropriate supporting facts.”
Issue 632
