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Apple & Eve Juices No Sugar, No Preservative Claims Class Action

It’s not hard to see the objection to a product being labeled with the words “[No] preservatives have been added” if the product contains preservatives. But when is the claim “No sugar added” false, if no sugar was added? The complaint for this class action levels both these allegations against certain Apple & Eve juices.

The Nationwide Class for this action is all persons or entities in the US who made retail purchases of the products at issue during the applicable limitations period. The complaint also proposes alternative New York and California subclasses.

These are products at issue:

  • Apple & Eve 100% Cranberry Raspberry
  • Apple & Eve 100% Very Berry Juice
  • Apple & Eve 100% Cranberry Apple Juice
  • Apple & Eve 100% Apple Juice
  • Any other Apple & Eve juice product that (1) claims that no preservatives have been added despite containing citric acid, ascorbic acid, and/or any other preservatives, or (2) claims that no sugar has been added but does not have a significantly reduced calorie count.

The labels of these items contain a claim of “No sugar added” and a claim that “[No] preservatives have been added” which the complaint alleges violate consumer protection laws.

No preservative claim: According to the ingredient labels, the juices contain citric acid and/or ascorbic acid. The complaint reproduces material that shows that the Food and Drug Administration (FDA) specifically recognizes both items as preservatives.

The federal Food, Drug, & Cosmetic Act (FDCA) says a food is misbranded if “Its labeling is false or misleading in any particular… [and] If bears or contain any … chemical preservative, unless it bears labeling stating that fact…”

No sugar added claim: The complaint quotes the FDA as saying, “Consumers may be reasonably expected to regard terms that represent that the food contains no sugars or sweeteners e.g., ‘sugar free,’ or ‘no sugar,’ as indicating a product which is low in calories or significantly reduced in calories.”

Federal law specifies that the terms like “no sugar added” may be used only if the product “bears a statement that the food is not ‘low calorie’ or ‘calorie reduced’ (unless the food meets the requirements for a ‘low’ or ‘reduced calorie food)…”

The complaint quotes federal requirements for “low calorie” or “calorie reduced” foods as saying that the food “contains at least 25 percent fewer calories per reference amount customarily consumed than an appropriate reference food…” According to the complaint, however, the juices are actually higher in calories than other similar juices, so they cannot make the “No sugar added” claim without adding a statement that the juice is not low calorie.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Apple & Eve Juices No Sugar, No Preservative Claims Complaint

January 19, 2018

It’s not hard to see the objection to a product being labeled with the words “[No] preservatives have been added” if the product contains preservatives. But when is the claim “No sugar added” false, if no sugar was added? The complaint for this class action levels both these allegations against certain Apple & Eve juices. First, it claims that the juices do contain preservatives. Second, it claims that the “No sugar added” labeling violates federal laws by giving consumers the perception that the juices are low calorie.

apple_eve_no_presvatives_complaint.pdf

Case Event History

Apple & Eve Juices No Sugar, No Preservative Claims Complaint

January 19, 2018

It’s not hard to see the objection to a product being labeled with the words “[No] preservatives have been added” if the product contains preservatives. But when is the claim “No sugar added” false, if no sugar was added? The complaint for this class action levels both these allegations against certain Apple & Eve juices. First, it claims that the juices do contain preservatives. Second, it claims that the “No sugar added” labeling violates federal laws by giving consumers the perception that the juices are low calorie.

apple_eve_no_presvatives_complaint.pdf
Tags: Deceptive Advertising, Deceptive Labels, No Preservatives Claims, Untrue Product Claims