Markovits, Stock & DeMarco, LLC, a law firm experienced in class action litigation, is investigating potential claims against Poshi, LLC related to the labeling of its food products. Poshi products are distributed in the United States by Milas Foods, LLC (which does business as Elma Farms) and can be purchased from several major retailers, including Whole Foods and the DoorDash DashMart.
Poshi products are prominently labeled as containing “NO PRESERVATIVES.” However, several Poshi products bearing this label contain ascorbic acid, citric acid, and/or lactic acid. Poshi food products containing one or more these ingredients include:
- Mediterranean Three Bean Salad[1]
- Artichokes with Basil & Thyme[2]
- Cauliflower with Salt & Black Pepper[3]
- Asparagus with Rosemary & Oregano[4]
- French Beans with Lime & Garlic;[5] and
- Flame Roasted Red Peppers in Extra Virgin Olive Oil.[6]
Recently, a federal court (involving a case filed against a different company) declined to dismiss a lawsuit alleging that consumers were misled by the same type of labeling on products containing ascorbic or citric acid. See Kelly v. Beliv LLC, No. 21-CV-08134 (LJL), 2022 WL 16836985, at *5 (S.D.N.Y. Nov. 9, 2022) (“Plaintiff plausibly alleges that a reasonable consumer may be misled by Defendant’s labeling of the Product with the phrase ‘No Preservatives.’”).
What if I purchased products from Poshi or Elma Farms?
Markovits, Stock & DeMarco is interested in speaking with consumers who believe they were misled when purchasing food products labeled as preservative free.
If you would like to have a free, confidential consultation with an attorney to learn more about your rights and potential legal remedies related to purchases of products from Poshi, LLC or Elma Farms, please contact Markovits, Stock & DeMarco attorney Dylan Gould at (513) 651-3700, email us at [email protected], or submit a Case Evaluation request through the form below.
[1] https://www.poshi.com/products/mediterranean-three-bean-salad-easy-chef?variant=41766189269148 (last visited Aug. 14, 2023).
[2] https://www.poshi.com/products/artichokes-with-basil-thyme?variant=41744150593692 (last visited Aug. 14, 2023).
[3] https://www.poshi.com/products/cauliflower-with-salt-black-pepper?variant=41766185894044 (last visited Aug. 14, 2023).
[4] https://www.poshi.com/products/asparagus-with-rosemary-oregano?variant=41766184648860 (last visited Aug. 14, 2023).
[5] https://www.poshi.com/products/french-beans-with-lime-garlic?variant=41766187237532 (last visited Aug. 14, 2023).
[6] https://www.poshi.com/products/flame-roasted-red-peppers-in-extra-virgin-olive-oil-easy-chef?variant=41766186942620 (last visited Aug. 14, 2023).