The lawsuit, entitled Nadine Saubers v. Kashi Co., Case No. 13-cv-00899, U.S. District Court for the Southern District of California, states "Nearly all of Kashi' products' labels list 'evaporated cane juice' as an ingredient despite the fact that the FDA has specifically warned companies not to use the term because it is 'false and misleading,' is not 'the common or usual name of any type of sweetener,' and the ingredient is not, in fact, juice."
Lead plaintiff Nadine Saubers, alleges Kellogg and Kashi are in violation of consumer protection laws which regulate food labeling, specifically by their use of the term "evaporated cane juice"instead of sugar, and by failing to disclose that the ingredient is still considered to be processed sugar.
According to the consumer fraud lawsuit, dozens of Kashi products are allegedly mislabeled, including cereal, chips, crackers and bars, pasta and frozen entrees.
The lawsuit seeks to represent a proposed class of all US residents who purchased Kashi misbranded products since October 1, 2009, including a subclass of California purchasers.