Simple Truth Class Action Lawsuit Targets Kroger Preservative Claims

A new class action lawsuit filed in May 2025 has put The Kroger Co. in the hot seat over alleged deceptive labeling practices.

Plaintiffs say Kroger's Simple Truth Fruit & Grain Bars contain citric acid despite having no "preservatives" marked on their packaging. 

The US Food and Drug Administration (FDA) classifies citric acid as a preservative.

Kroger Class Action Lawsuit Explained 

This proposed litigation centers on a seemingly simple contradiction in product advertising.

Kroger's Simple Truth Fruit & Grain Bars sold in the US display "Organically Grown" and "No preservatives" on their packaging.

However, their ingredients list may tell a different story. According to the lawsuit, these bars contain citric acid in their jelly-like fruit filling—a substance that nutritionists and government agencies classify as a chemical preservative.

Class plaintiff Mary Antossyan says she specifically chose Simple Truth bars because they promised " no preservatives, " expecting to avoid the potential adverse effects of conserved foods.

Her lawsuit further states that she "would not have purchased the Product or would have paid less for the Product" had she known about the citric acid content.

The attorneys for Antossyan claim the financial impact of the alleged misrepresentation becomes clear when examining Kroger's pricing structure. 

According to the complaint, Simple Truth bars cost approximately $0.42 per ounce—about 1.5 times more than competing products without organic and preservative-free claims. 

Regular fruit and grain bars typically retail for around $0.28 per ounce, meaning consumers pay a significant premium for what they believe are cleaner, preservative-free options.

Federal regulations leave little room for interpretation when it comes to preservative labeling.

The FDA defines chemical preservatives under 21 C.F.R. § 101.22 as "any chemical that, when added to food, tends to prevent or retard deterioration thereof." 

This definition specifically includes citric acid when used for preservation purposes. However, the most compelling evidence lies in the FDA's enforcement history.

The lawsuit references a warning letter sent to Chiquita Brands International and Fresh Express, where the FDA explicitly warned that products were misbranded because they "contain the chemical preservatives ascorbic acid and citric acid, but their labels fail to declare these preservatives with a description of their functions."

How Synthetic Preservatives End Up in "Natural" Products

The journey from "all-natural" marketing to synthetic preservative reality often follows a predictable path.

Food manufacturers often face competing pressures: consumers want clean labels, retailers demand extended shelf life, and safety regulations require preventing spoilage. 

Citric acid offers an appealing solution—it sounds natural, works effectively, and comes from a fermentation process that technically starts with natural ingredients.

Production processes and problems 

However, the industrial production of citric acid bears little resemblance to anything consumers would typically recognize as natural:

• Sugar sources (often corn syrup) feed black mold cultures.
• Chemical extraction processes isolate the citric acid.
• Purification involves multiple synthetic steps.
• The final product is a manufactured chemical, not a fruit extract.

According to Antossyan's attorneys, when shoppers see "no preservatives," they reasonably expect products free from all preservatives—not just specific categories that marketers decide don't count.

Legal Theories Behind the Simple Truth Lawsuit

The Kroger class action leverages three powerful California consumer protection statutes to seek remedies for allegedly deceived shoppers. 

Each law addresses different aspects of the alleged wrongdoing, creating a comprehensive legal strategy.

Prohibits any advertising "which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading."

The plaintiff argues that Kroger knew or should have known that labeling products containing citric acid as having "no preservatives" violated this statute.

The statute also covers explicitly written statements on packaging, making product labels subject to its requirements.

Provides an even broader framework for addressing deceptive business practices.

The lawsuit alleges violations under all three prongs of the UCL:

• Unlawful: The false advertising violates other laws, creating UCL liability.
• Unfair: The conduct causes substantial consumer injury without countervailing benefits.
• Fraudulent: The labeling was likely to deceive reasonable consumers.

Offers additional protections, specifically targeting consumer transactions. 

Antossyan sent Kroger a required notice letter on May 2, 2025, demanding corrective action within 30 days. When Kroger failed to respond adequately by June 2, 2025, it opened the door for damage claims under this statute.

These laws work together to provide multiple avenues for relief, including restitution, injunctive relief to stop the deceptive labeling, and potentially punitive damages. 

Class Action Scope and Potential Members

The proposed class action seeks to represent a nationwide class including "All persons within the United States who purchased the Products within four years prior to the filing of the original Complaint through to the date of class certification."

A separate California subclass focuses on state residents who purchased Simple Truth bars during the same period. 

This dual-class structure may allow the lawsuit to pursue California-specific remedies while seeking nationwide injunctive relief.

What Kroger Shoppers Should Know

Shoppers checking their pantries should look for Simple Truth Fruit & Grain Bars in any flavor.

According to the lawsuit, the allegedly mislabeled products feature prominent "no preservatives" claims alongside "Organically Grown" messaging on the packaging.

To verify preservative content in these and any food product:

• Check the ingredients list for citric acid, ascorbic acid, or other FDA-listed preservatives.
• Remember that "natural" doesn't mean preservative-free.
• Understand that organic certification addresses farming practices, not preservative use.
• Look for specific preservation methods listed (like "preserved with citric acid").

The distinction between "Organically Grown" and "No Preservatives" proves particularly important. 

FDA Organic certification focuses on agricultural methods—pesticide use, genetic modification, and farming practices. However, the regulations say nothing about what happens during food processing, including preservative addition.

How This Class Action May Affect Future Food Shopping

The Simple Truth lawsuit may catalyze significant changes in how food companies approach preservative labeling. Major manufacturers will likely review their entire product lines for similar issues if successful. 

Litigation may also prompt the FDA to issue updated, clearer guidance on preservative labeling, particularly regarding dual-use ingredients like citric acid.

Meanwhile, the new information could make shoppers more aware that they must look past what's written on the front of packages and check the ingredient lists instead of just believing the marketing hype.