September 27, 2013
Authored by: Brandon Neuschafer
A California resident filed a class action lawsuit on September 18, 2013, against Safeway Inc., alleging that waffles advertised as “100 percent natural” contained a chemical preservative, sodium acid pyrophosphate. Affected products include “Open Nature 100 percent natural Multi-Grain Waffles” and “Open Nature 100 percent natural Homestyle Waffles.” The class action suit, brought in the U.S. District Court for the Northern District of California (often referred to as the “Food Court”), asserts claims of common law fraud, negligent misrepresentation, breach of contract, and quasi contract/unjust enrichment. On behalf of a a subset class of California residents, the complaint asserts claims under the California False Advertising Law, the California Consumers Legal Remedies Act, the California Unfair Competition Law, and common law theories of breach of express warranty. Plaintiffs are seeking injunctive relief and monetary damages.
Sodium acid pyrophosphate is a preservative used in food products, and is generally recognized as safe by the FDA at 21 C.F.R. 182.1087. As identified in the complaint, however, there are other uses of the chemical, including leather treatment and hair and feather removal applications.
The docket number is No. 13-04317.