- Plaintiffs’ attorney Spencer Sheehan has filed two very similar lawsuits in the New York Supreme Court (the court of general jurisdiction in New York), alleging that products containing soy lecithin and xanthan gum were misleadingly advertised, including with “no artificial preservative” claims.
- Lukas v. Flora Food US Inc., No. 618126/2025 (filed February 9, 2026) alleges that soy lecithin can act as a preservative by “contribut[ing] to a less favorable environment for microbial growth, thereby preventing spoilage.” The lawsuit therefore alleges that the presence of soy lecithin renders the claims “farm grown ingredients,” “country fresh taste,” and/or “no artificial preservatives” false and/or misleading. The complaint contradicts itself by alleging that soy lecithin creates a less attractive environment for microbial growth by limiting moisture (¶ 49) and helping to retain moisture (¶ 52). No citation is provided for either claim.
- Barreca et al. v Ken’s Foods Inc., No. 518219/2025 (filed October 16, 2025) makes essentially the same allegations (with much of the same wording) except in relation to a product containing xanthan gum and making a “no artificial preservatives” claim. The complaint alleges that “studies show xanthan gum can inhibit lipid oxidation when used in dressings.”
- Both complaints also allege that artificial preservatives act as “markers” for ultra processed foods, and curiously, that the “inability [of the general population] to garden, hunt, and harvest left them at the mercy of the distant manufacturer and canner.”
- There has not yet been a substantive decision in either case. The cases can be found on the New York Supreme Court case search system by searching by the case numbers.