Welch’s Fruit ‘n Yogurt Class Action Lawsuit Filed Over Ultra-Processed, Unhealthy Coating

Product does not actually use yogurt in any form in its manufacturing process despite marketing claims, lawsuit alleges.

A new class action lawsuit alleges that Welch’s Fruit ‘n Yogurt snacks are deceptively marketed as a healthy choice, despite failing to meet federal regulations that define authentic yogurt products.

The complaint (PDF) was filed by Ramon Soto and Charlene Morris in the U.S. District Court for the Northern District of Illinois on January 14, naming PIM Brands, the maker of Welch’s Fruit ‘n Yogurt snacks, as the defendant.

Yogurt is traditionally made by heating milk and introducing live bacterial cultures, specifically Lactobacillus bulgaricus and Streptococcus thermophilus. These bacteria help ferment the milk, creating a product rich in calcium and protein, which is widely recognized for its potential health benefits.

However, the lawsuit claims that Welch’s Fruit ‘n Yogurt snacks are falsely and misleadingly marketed, as they do not contain real yogurt, but instead consist primarily of sugar, cultured whey, nonfat milk and other unhealthy processed ingredients.

Although the class action lawsuit over Welch’s Fruit ‘n Yogurt does not allege that either plaintiff suffered health consequences, the complaint comes as a growing number of families are now filing ultra-processed food lawsuits against manufacturers of various different products, alleging that addictive and harmful ingredients caused children to develop type 2 diabetes or fatty liver disease.

According to their complaint, Soto and Morris claim that the products do not meet the federal regulatory definition of yogurt, which mandates the presence of live bacterial cultures, specifically Lactobacillus bulgaricus and Streptococcus thermophilus.

The lawsuit claims that PIM Brands designed the product’s packaging to falsely suggest health benefits associated with yogurt by featuring the phrase “Surrounded by Creamy Yogurt” alongside images of fruit seemingly dipped in yogurt, which plaintiffs argue misleads consumers into believing the product contains real yogurt.

Rather, the complaint asserts that the snacks’ primary ingredients include unhealthy ultra-processed components such as palm oils, titanium dioxide and carnauba wax, which is an ingredient more commonly found in car polish than in food.

Plaintiffs Soto and Morris allege they purchased the product believing it was a nutritious snack. Soto, who bought the snacks multiple times over the past few years, claims he would not have done so had he known the product was primarily made from ultra-processed ingredients.

Similarly, Morris states she frequently purchased the snacks for her grandchildren, unaware they contained minimal nutritional value.

“Consumers, like Plaintiffs, who purchased Defendant’s Fruit ‘n Yogurt Snacks have been deceived by Defendant’s false and misleading claims that this product contains yogurt (in some form), when it does not, and is healthy to consume, when it is not, and are entitled to redress through this action for Defendant’s deceptive conduct,” the complaint states.

The lawsuit seeks to represent consumers from Illinois and New York, asserting that PIM Brands violated the Illinois Consumer Fraud Act and New York General Business Law by engaging in deceptive trade practices. The plaintiffs are seeking financial damages, alleging they paid a price premium for the product based on misleading health claims.

Ultra-Processed Food Diabetes Lawsuits

As many major food companies have come under scrutiny in recent years over deceptively marketing food products as healthy, a series of ultra-processed food lawsuits are now being pursued by individuals and families of children who have been diagnosed with type 2 diabetes.

Ultra-processed foods (UPFs) include a wide-variety of products sold in recent decades, which are made from heavily refined ingredients combined with additives designed to mimic the taste, appearance and texture of real food. Examples include popular sugary breakfast cereals, snack chips, frozen ready-to-eat meals, sodas and other items.

However, studies have shown that diets high in ultra-processed foods that are laden with sugar, unhealthy fats, artificial additives and preservatives are directly linked to an increased risk of metabolic disorders, obesity and insulin resistance in children, which can cause long term side effects.

One of the first ultra-processed food childhood diabetes lawsuits was filed in December against several major food manufacturers, alleging that deceptive marketing practices led a plaintiff to regularly consume processed foods, ultimately resulting in his diagnosis of type 2 diabetes and non-alcoholic fatty liver disease as a teenager.

In the wake of the complaint, ultra-processed food lawyers are now actively investigating additional claims on behalf of families whose children were diagnosed with childhood type 2 diabetes, non-alcoholic fatty liver disease or other chronic health conditions before the age of 18.