Lawsuits Allege 'No Artificial Preservative' Claims Misleading

Plaintiffs' attorney files suits over soy lecithin and xanthan gum in food products

Published on Feb. 26, 2026

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Plaintiffs' attorney Spencer Sheehan has filed two lawsuits in the New York Supreme Court alleging that food products containing soy lecithin and xanthan gum were misleadingly advertised as having "no artificial preservatives." The lawsuits claim these ingredients can act as preservatives, making the "no artificial preservatives" claims false or misleading.

Why it matters

These lawsuits highlight the ongoing debate around the use of certain food ingredients and what constitutes an "artificial" preservative. The cases could set precedents around labeling requirements and consumer transparency in the food industry.

The details

The first lawsuit, Lukas v. Flora Food US Inc., alleges that soy lecithin can act as a preservative by contributing to a less favorable environment for microbial growth, thereby preventing spoilage. The second lawsuit, Barreca et al. v Ken's Foods Inc., makes similar allegations about xanthan gum inhibiting lipid oxidation when used in dressings. Both complaints also argue that the presence of these ingredients renders "farm grown ingredients," "country fresh taste," and "no artificial preservatives" claims false or misleading.

  • The Lukas v. Flora Food US Inc. lawsuit was filed on February 9, 2026.
  • The Barreca et al. v Ken's Foods Inc. lawsuit was filed on October 16, 2025.

The players

Spencer Sheehan

Plaintiffs' attorney who filed the two lawsuits against food companies over "no artificial preservative" claims.

Flora Food US Inc.

Food company named in the Lukas v. Flora Food US Inc. lawsuit.

Ken's Foods Inc.

Food company named in the Barreca et al. v Ken's Foods Inc. lawsuit.

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What they’re saying

“The presence of soy lecithin renders the claims 'farm grown ingredients,' 'country fresh taste,' and/or 'no artificial preservatives' false and/or misleading.”

— Spencer Sheehan, Plaintiffs' attorney (Lukas v. Flora Food US Inc. complaint)

“Studies show xanthan gum can inhibit lipid oxidation when used in dressings.”

— Spencer Sheehan, Plaintiffs' attorney (Barreca et al. v Ken's Foods Inc. complaint)

What’s next

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.

The takeaway

These lawsuits highlight the ongoing debate around food labeling and what constitutes an "artificial" preservative. The outcomes could set important precedents for transparency and consumer trust in the food industry.