The makers of Sensible Portions Garden Veggie Straws face a
proposed class action alleging the company misrepresented the
vegetable content and nutritional value of the product. Solak v.
Hain Celestial Grp., No. 17-0704 (N.D.N.Y., filed June 29, 2017).
The plaintiffs assert that Garden Veggie Straws are marketed as
containing “garden grown potatoes [and] ripe vegetables” and
display tomatoes, potatoes and spinach on the packaging, but the
first ingredients listed are “potato starch, potato flour, corn starch,
tomato paste and spinach powder.” In addition, the plaintiffs
assert that while tomatoes and spinach are “excellent sources” of
vitamins A and C, Garden Veggie Snacks contain no vitamin A and
only two percent of the recommended daily amount (RDA) of
vitamin C. The complaint further alleges that the snacks are
advertised as containing 30 percent less fat than “the leading
potato chip,” but a single serving of Lay’s Classic potato chips
apparently contains 10 percent of the RDA of vitamin C and has
less sodium and more protein than a serving of Garden Veggie
Straws. Claiming violations of New York and California
consumer-protection laws, the plaintiffs seek class certification,
injunctive relief, damages, restitution and attorney’s fees.

 

Issue 640

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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