Wal-Mart Great Value Immunity Class Action Lawsuit

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A federal class action lawsuit claims Wal-Mart falsely advertises that its “Great Value Immunity” powdered drink mixes are natural and contain real fruit.

According to the class action lawsuit, the front label of Wal-Mart’s Great Value Immunity products contain a variety of deceptive tactics designed to appeal to consumers seeking “healthier food,” including pictures of fruit and statements like “Sugar free, low calorie,” “5 calories per serving,” antioxidants A, C & E to support a healthy immune system,” and “natural flavor.” Even the name itself – Great Value Immunity – is designed to mislead consumers, the class action lawsuit says.

The truth, according to the lawsuit, is that the product does not contain any fruit or any natural ingredients expect for “natural flavor,” which is defined by the FDA as an ingredient “whose significant function in food is flavoring rather than nutritional.” The class action lawsuit further claims that the antioxidants in the products are derived from food additives.

“The front label portrays Great Value Immunity as natural and healthful and implies that it contains fruits, when this, in fact, is not true. If it provides any nutritional benefits at all, it is only because it has been specifically fortified to do so. Accordingly, the labeling of Great Value Immunity is at least misleading, if not false and deceptive,” the Great Value Immunity class action lawsuit states.

The Great Value Immunity class action lawsuit is brought on behalf of all New York residents who purchased Great Value Immunity Cherry Pomegranate Drink Mix and/or Great Value Immunity Mangosteen Acai Drink Mix. It is seeking restitution, actual damages, injunctive relief and more.

A copy of the Wal-Mart Great Value Immunity False Advertising Class Action Lawsuit can be read here.

The case is Kandis Paolone v. Wal-Mart Stores, Inc., Case No. 12-cv-1333, U.S. District Court, Northern District of New York (Albany Division). The Plaintiff is represented by the law firms Cuneo Gilbert & Laduca LLP, Reese Richman LLP and Halunen & Associates.