Judge Refuses to Toss General Mills Fruit Roll-Up Lawsuit

SAN FRANCISCOU.S. District Court Judge Samuel Conti on May 10 denied General Mills appeal to throw out a class-action lawsuit brought against the food giant alleging the companys marketing campaign for Fruit Roll-Ups,  Fruit by the Foot, is deceptive and misleads consumers about fruit snacks' healthfulness.

The complaint contends that the labeling of fruit-flavored snacks violates various state laws, including Minnesotas Uniform Deceptive Trade Practices Act, and several California laws governing misleading and deceptive advertising and fraudulent business practices.

According to the complaint filed last year by the Center for Science in the Public Interest (CSPI) and the Reese Richman law firm on behalf of Annie Lam, a California mother, the companys marketing campaign for Fruit Roll-Ups,  Fruit by the Foot and other fruit snacks included misleading statements that its products were nutritious, healthful to consume, and better than similar fruit snacks," when in fact, the complaint continues, the fruit snacks contained trans fat, added sugars, and artificial food dyes; lacked significant amounts of real, natural fruit; and had no dietary fiber.

The complaint also alleges the packaging was likely to deceive consumers into believing the snacks are healthful and natural, rather than a combination of artificial, non-fruit ingredients.

Commenting on his decision, Conti said, reasonable consumers might be misled by packaging that claimed the snacks are "made with real fruit," and would not read the fine print.

"The court agrees with Lam. The fruit snacks' ingredients list cannot be used to correct the message that reasonable consumers may take from the rest of the packaging: that the fruit snacks are made with a particular type and quantity of fruit," he said.