CVS Sued, Lawsuit Claims Yogurt-Covered Pretzels Don't Contain Yogurt

The product allegedly violates the Food, Drug, and Cosmetics Act.

By Michael Hein

A class action lawsuit against CVS Pharmacy Inc. is picking up steam with an allegation of false advertising. A woman in New York filed the lawsuit on July 12, saying that CVS' "Gold Emblem Yogurt Pretzel Twists" do not actually contain any yogurt. She and her lawyers argue that this misrepresents an unhealthy product, and that all existing customers are victims.

The plaintiff in this case is Lisa Spiegel-Grim, represented by attorneys James R. Denlea, Jeffrey I. Carton and Catherine H. Friesen, according to a report by TopClassAction.com. Their lawsuit hinges on the difference between the name of the product and the ingredient list, which does not include yogurt by instead "yogurt coating." A smaller list of the ingredients in that coating "does not include active bacterial cultures, a necessary component of yogurt," they wrote. Meanwhile, it does contain unhealthy ingredients such as hydrogenated palm kernel oil.

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"Essentially, in a visual and semantic sleight of hand, [CVS] substitutes an unhealthy ultra-processed candy-like coating for a healthy product (yogurt)," the lawsuit reads. The Gold Emblem Yogurt Pretzel Twists are even listed under "healthy snacks" on the CVS website, helping to build the case. In addition, Spiegel-Grim and her lawyers argue that the product violates the Food, Drug, and Cosmetics Act. It requires companies to disclose when dairy ingredients like yogurt are treated after culturing to remove microorganisms with the phrase "does not contain live and active cultures" on the label, but this product does not.

The official nature of the suit on Spiegel-Grim's filing is "Fraud or Truth-in-Lending." The case has been assigned to a judge and is being processed by the U.S. District Court for the Eastern District of New York. It was filed on behalf of Spiegel-Grim and other consumers who have purchased this product, but at this stage it does not appear that other customers can join the lawsuit yet. They will need to hold onto receipts and track this case for their chance to join.

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