BELLEVILLE -- A woman claims she would have paid less than $1 for strawberry Fruit Roll Ups purchased at a Dollar Tree if she had known it contained artificial flavors.
Lead plaintiff Connie Newman of St. Clair County filed the complaint against General Mills in St. Clair County Circuit Court, accusing the defendant of unjust enrichment and deceptive and unfair practices under the Illinois Consumer Fraud and Deceptive Practice Act. She seeks to certify the case as a class action.
The complaint was filed on behalf of the plaintiff by attorney David C. Nelson of the Nelson and Nelson law firm in Belleville. The proposed class is also represented by the Armstrong Law Firm in St. Louis, Eggnatz/Pascucci of Davie, Fla., and Alexander J. Korolinsky of Miami.
David Nelson did not immediately respond to a request for comment from the Madison Record. In a short email statement to the Madison Record, Mike Siemienas, a General Mills spokesman said, "We are confident in the labeling of our products and we do not discuss pending litigation."
According to the complaint, Newman alleges General Mills labels its Fruit Roll Ups as "naturally flavored" and containing "no artificial flavors."
"Knowing that consumers like plaintiff increasingly desire to purchase and consume natural ingredients, defendants sought to take advantage of this growing marker," the suit states.
According to the suit, Newman bought the strawberry sensation Fruit Roll Ups from a Dollar Tree outlet in Belleville. Dollar Tree stores are known for selling all of their products for $1 at regular price.
"If plaintiff had known that products contained a synthetic flavoring compound, she would not have purchased them or would have paid less for them," the suit states.
According to the complaint, the product includes the ingredient malic acid, which is a "artificial petrochemical" that "confers a 'tart-like' flavor" that simulates the flavor of actual fruit. The plaintiff alleges the Food and Drug Administration labels malic acid as an "enhancer or agent." However, the product is allegedly described as "naturally flavored."
"By affixing such labels to the packaging, defendants entice consumers...to purchase the products instead of competing products, to pay a premium for the products, and to pay more than they otherwise would have," the complaint states.
The plaintiff, through her attorneys, is asking for class action certification on behalf of all residents of Illinois who bought Fruit Roll Ups labeled "naturally flavored" or "no artificial flavors" in the five years since the filing of the suit. Nelson asks that he be named lead counsel in the class action.
St. Clair County Circuit Court case number 19-L-455