Plaintiff Alleges Collective Terms in Ingredient List Mislead Consumers

A consumer has filed a putative class action alleging Trader Joe’s Co.’s two-ingredient fruit bars are deceptively labeled with collective terms such as “apples” on the ingredient list instead of the specific name for an apple-based ingredient. Jamison v. Trader Joe’s Co., No. 18-2216 (E.D.N.Y., filed April 14, 2018). The plaintiff asserts that the use of a collective term misleads consumers into believing that the products are made from whole, unprocessed fruit, which would require “an additional binding ingredient such as a gel, pectin, juice concentrate or syrup.” A solid bar made without a binding agent, the complaint asserts, would require fruit powder and water, which are not listed on the product labels. Alleging negligent misrepresentation, breach of warranties, fraud and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.