Kroger’s Fruit-Flavored Sparkling Water Lacks Fruit, Plaintiff Alleges

A consumer has alleged that The Kroger Co. misleads with its packaging for sparkling water products sold with flavors such as “Black Cherry,” “White Grape” and “Kiwi Strawberry” because the waters are purportedly flavored artificially rather than with extracts of the fruits. Gammino v. Kroger Co., No. 21-2933 (N.D. Cal., filed April 22, 2021). The complaint asserts that Kroger’s “packaging, labeling, and advertising scheme for these Products is intended to give consumers the impression that they are buying a premium, all-natural product instead of a product that is artificially flavored.” The plaintiff asserts that the flavoring in the beverages comes from malic acid, “a synthetic chemical manufactured in a petrochemical factory from petroleum feedstocks.” The complaint lists several causes of action, including alleged violations of Ohio and California’s consumer-protection statutes as well as fraud by omission, negligent misrepresentation and money had and received.