Target Hit With Pasta Sauces ‘No Preservative’ False Label Suit

Target Corp.'s “No Artificial Colors, Flavors, or Preservatives” label on pasta sauces from its grocery brand is deceptive because the sauces contain citric acid, a proposed class action said.

The label misleads consumers into believing the sauces are free from artificial preservatives but include a “synthetic form of citric acid that is derived from heavy chemical processing,” the complaint filed May 3 in the US District Court for the Central District of California says.

The sauces are part of Target’s Good & Gather line, a grocery brand the company introduced in 2019 to give customers “affordable options that don’t cut corners on quality or taste.” The line includes more than 2,000 products which the company claims are free from artificial flavors, synthetic colors, and high fructose corn syrup.

Target’s labeling “is intended to give consumers the impression that they are buying a premium product that is free from preservatives,” plaintiff Jennifer Carbine says. But each of the pasta sauces list citric acid as an ingredient.

“Consumption of manufactured citric acid has been associated with adverse health events like joint pain with swelling and stiffness, muscular and stomach pain, as well as shortness of breath,” the complaint says.

Carbine says she wouldn’t have bought any of the sauces if the label had been accurate and brings claims under California consumer protection statutes. She seeks to represent a class of similar California consumers.

The complaint notes the Food and Drug Administration has sent warning letters to companies who have branded certain food products as “natural” despite containing citric acid. An FDA letter warning Oak Tree Dairy Farm Inc. that it couldn’t label certain iced tea and lemonade products “all natural” because they contained citric acid was attached to the complaint.

Target didn’t immediately respond to a request for comment.

Lawsuits over whether “No Preservatives” labels are misleading in light of the presence of citric acid have had mixed reception in recent years.

Beverage company Beliv, in March, defeated a deception suit over such a label because its ingredients panel listed the acids as acidulants used to tart the flavor of fruit juice products.

But in 2022, consumers were allowed to proceed with their deception claims in a suit against Arizona Beverages because the court ruled a reasonable consumer would believe a “no preservative label” means the product doesn’t contain an ingredient that is a preservative.

Carbine is represented by Crosner Legal PC.

The case is Carbine v. Target Corp., C.D. Cal., No. 2:24-cv-03721, complaint filed 5/3/24.