Kind Snacks Contain Undisclosed Processed Ingredients, Lawsuit Alleges

A consumer has filed a putative class action alleging that Kind LLC misleadingly markets its products as made from whole fresh fruits. Song v. Kind LLC, No. 18-4982 (E.D.N.Y., filed September 4, 2018). The complaint asserts that the product names and descriptions “use collective names to refer to their components” because they are allegedly made from processed fruit, “by-products or processed derivative ingredients.” The plaintiff also argues that the visual representations on the packaging “emphasize their equivalence to whole fruits.”

The complaint further asserts that tropical fruits used in the products are dried using osmotic dehydration, which purportedly treats the fruits with added sugars. In addition, the plaintiff alleges that Kind uses ascorbic acid as a preservative but does not list it among the ingredients. Claiming violations of New York’s General Business Law, negligent misrepresentation and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.