The Independent reported a New York lawsuit challenging Target’s labels on eight macaroni products, alleging their ingredients can help preserve food despite differing package claims.
Kiana Vaughan filed the case Oct. 22 in federal court in New York, The Independent reported. The complaint names five Good & Gather varieties: Good & Gather White Cheddar Macaroni & Cheese, Macaroni & Cheese, Elbows & Classic Cheddar Macaroni & Cheese, Shells & White Cheddar Macaroni & Cheese, and Shells & Aged Cheddar Macaroni and Cheese. Deluxe Shells, Macaroni & Cheese and Macaroni & Cheese Spirals complete the Market Pantry group.
The Independent said the complaint cites different wording across the products, including “no artificial preservatives” and “no artificial flavors, preservatives or synthetic colors.” It identifies citric acid, lactic acid powder and sodium phosphate as preservatives.
Vaughan contends the packaging may lead shoppers to believe the foods contain no preservatives and offer a health or quality advantage over competing products. Her complaint says consumer interest in preservative-free foods gives Target a reason to use those claims. She says the wording may have influenced purchases or left some customers paying more than they would have with accurate ingredient descriptions.
The Independent reported that the U.S. Food and Drug Administration (FDA) considers citric acid and lactic acid ingredients that regulate acidity and can also help preserve food. The agency does not always classify them as artificial preservatives.
Vaughan seeks to represent U.S. consumers who bought the listed foods within the applicable limitations period, The Independent reported. The claims include alleged violations of New York consumer-protection laws and unjust enrichment. Vaughan requests a jury, a court declaration and injunction, statutory and punitive damages, and payment of attorneys’ fees and costs. The Independent also reported a separate suit filed in March challenging Target’s sustainability claims for Good & Gather tuna.
