CVS falsely advertises pretzel twists with yogurt claims; class action lawsuit

Overview of the CVS class action lawsuit:

• WHO: Plaintiff Lisa Spiegel-Grim has filed a class action lawsuit against CVS Pharmacy Inc.
• Why: CVS pretzel spirals are allegedly falsely advertised as containing yogurt-like ingredients, even though they do not contain active cultures.
• Where: The CVS pretzel twists class action lawsuit was filed in federal court in New York.

A class action lawsuit against CVS accuses the pharmacy chain of falsely advertising its Gold Emblem Yogurt Pretzel Twists as a healthy yogurt snack.

Plaintiff Lisa Spiegel-Grim says the product name, along with the image of yogurt-coated pretzels on the CVS Pretzel Twists packaging, leads consumers to believe that they are actually yogurt-coated pretzels with health benefits.

The CVS class action lawsuit claims the ingredients list tells a different story, listing “yogurt coating” that contains unhealthy ingredients like hydrogenated palm kernel oil.

“Notably, the ingredients list lacks active bacterial cultures, a necessary component of yogurt,” says Spiegel-Grim.

“Essentially, (CVS) is using a visual and semantic sleight of hand to replace a healthy product (yogurt) with an unhealthy, highly processed, candy-like frosting.”

She points to the marketing of Gold Emblems products as “healthy snacks” on the CVS website, which supports the allegedly false claim that CVS pretzel rolls are covered in yogurt.

CVS pretzel adulteration misleads consumers, says plaintiff

The CVS class action lawsuit alleges that ultra-processed foods such as hydrogenated palm kernel oil are linked to a range of adverse health effects, including cardiovascular disease, mental disorders, obesity, diabetes, sleep disorders and an increased risk of premature death.

Spiegel-Grim claims that health-conscious consumers are increasingly avoiding highly processed foods and are deceived by the labels of supposedly healthy products.

CVS’s class action lawsuit states that the Food, Drug, and Cosmetic Act requires companies that market “yogurt” products to disclose when milk ingredients are treated after culture to remove microorganisms by including the statement “does not contain live and active cultures” on the product label.

Spiegel-Grim says CVS failed to provide this labeling, which she claims led consumers to mistakenly believe the product contained yogurt with live and active cultures rather than a highly processed sugar glaze.

She filed the class action lawsuit against CVS on behalf of herself and other consumers in New York State who purchased CVS Pretzel Bites that were falsely advertised as containing yogurt.

Another current Class action lawsuit against CVS alleges that a third party is unlawfully tracking the activities of website users and collecting prescription and other personal information.

What do you think about the claim that CVS Pretzel Twists are falsely advertised as being covered in yogurt? Join the discussion in the comments.

Spiegel-Grim is represented by James R. Denlea, Jeffrey I. Carton and Catherine H. Friesen of Denlea & Carton LLP.

The CVS pretzel twists class action lawsuit Is Lisa Spiegel-Grim v. CVS Pharmacy Inc.Case No. 24-cv-4860, in the United States District Court for the Eastern District of New York.

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