1. Kroger Does Not Disclose That Its Products Are Artificially Flavored.   1. Kroger Does Not Disclose That Its Products Are Artificially Flavored. ......................... 4   2. Federal and State Laws Require Kroger to Disclose the Artificial Flavor in Its  Products. ..................................................................................................................... 8   27.  The Product front labels display the name of each Product’s namesake fruits  or berries or both.    28.  At least some of the Products during the proposed Class period also displayed  pictures of those ripe, fresh fruits or berries on the front labels.   29.   These label representations convey to the consumer by operation of federal  and state law that the Product is made exclusively from and is flavored only with natural  fruits and fruit flavors.   3. Kroger Competitors Label Their Products Lawfully. .................................................... 11   30.  None of the Products include on either the front- or back-label any indication  that the Product contains artificial flavoring chemicals.   31.  All of the Products included herein omit the legally-required disclosures.   32.  All the Products, however, are made with a synthetic chemical flavoring  ingredient identified in the product ingredient list as “malic acid”.   33.  The “malic acid” that Kroger puts in its Products is not a natural flavoring  material as defined by federal and state law; it is a synthetic chemical manufactured in a  petrochemical factory from petroleum feedstocks.   34.  The Product labels therefore violate California and other states’ statutory and  common-law consumer protection laws in a minimum of three different ways.   4. Plaintiff and the Class Pay a Price Premium for the Misbranded Products................... 12  V.  VII. CAUSES OF ACTION ............................................................................................ 17  First Cause of Action: .............................................................................................. 17  Violation of Ohio Consumer  Sales Practices Act, ORC 1345.01 et seq ................ 17  (All Ohio- and Similar-States’ Plaintiffs v. Kroger) ............................................... 17  Second Cause of Action:  Violation of the CLRA (California Sub-Class) ............. 19  Third Cause of Action:  Violation of the UCL, Unlawful and Unfair Prongs  (California Sub-Class) ................................................................................... 20  Fourth Cause of Action:  Violation of California False Advertising Law  (California Sub-Class) ................................................................................... 23  Fifth Cause of Action: Breach of Express Warranty ............................................... 24  Sixth Cause of Action:  Breach of Implied Warranty ............................................. 25  Seventh Cause of Action:  Common Law Fraud by Omission ............................... 27  Eighth Cause of Action:  Negligent Misrepresentation ........................................... 28  Ninth Cause of Action: Money Had and Received ................................................. 28 