In May 2019, a class-action lawsuit
was filed against Nature’s Path Foods USA Inc. for allegedly misleadingly advertising that its Frosted Wildberry Acai Toaster Pastries contain more acai berries than other fruit ingredients when, according to the complaint, several other fruit ingredients are present in larger amounts than acai berries. In addition, the complaint claims that the company misleadingly markets that the pastries contain “real fruit” ingredients when, according to plaintiffs, the fruit ingredients in the pastries are processed and present in purée and powder forms. Plaintiffs also claim that the marketing for the pastries misleadingly implies that the pastries contain enough acai berries to give the pastries flavor and other attributes (such as being a source of antioxidants and improving cognitive and bodily health) when, according to the complaint, the pastries do not provide benefits associated with acai berries. (Louis et al v. Nature’s Path Foods USA Inc.
, Case No. 19-cv-2584, E. D. NY.)