Nectar Petit brand fruit punch, made by Beliv, LLC, has a small seal with a green leaf image at the bottom of its carton that promises, “No Preservatives.” Preservatives are added to stop decay, discoloration, or spoilage. But the complaint for this class action alleges that the nectar does contain preservatives because it contains citric acid and ascorbic acid.
Two classes have been proposed for this action:
- The Florida Class is all persons in Florida who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Georgia, Alabama, Arkansas, and South Carolina who bought the product during the applicable statutes of limitations.
Page 1 of the complaint shows an image of the nectar carton, together with an enlargement of the small “No Preservatives” seal. The complaint alleges, “Even though the component juices of the Product contain relatively low pH levels, foodborne pathogens can survive pasteurization.”
Consumers prefer to avoid preservatives, the complaint alleges: “Representing a product as not having preservatives is valued by over seventy percent of consumers.” It also says that Americans are willing to pay more for foods made without additives, such as preservatives.”
The complaint alleges that both federal and state laws require that food products that contain chemical preservatives must inform consumers of that fact.
The following page lists the contents from the ingredient panel, which include “Citric Acid (as Acidulent)” and “Vitamin C (as Ascorbic Acid).” The complaint alleges that these two substances perform multiple functions, including “helping to control the pH level, preventing microbial spoilage, and acting as buffering and chelating agents.”
The two substances are acidulants, the complaint alleges, increasing acidity and lowering the nectar’s pH. The lower pH then inhibits “microbial spoilage from bacteria, yeasts, and molds.” They additionally act as buffering agents, the complaint claims, helping to maintain the nectar’s pH, and keeping it more stable.
They also act as chelating agents, the complaint alleges, removing traces of heavy metals which prevents “the premature oxidation of the Product.”
Also, the complaint claims that the two acids are antimicrobial agents that “limit growth and toxin production of molds” that might exist in the juices used to make the nectars.
In addition, they prevent oxidation, the complaint alleges, which keeps the nectar shelf-stable and consumable for a longer period of time.
Finally, they prevent discoloration, so that the product maintains its natural color longer.
The two items thus function as preservatives in various ways, the complaint alleges, claiming that the “No Preservatives” claim is therefore “false, deceptive, and misleading.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Nectar Petit Fruit Punch Nectar “No Preservatives” Claim Complaint
April 26, 2022
Nectar Petit brand fruit punch, made by Beliv, LLC, has a small seal with a green leaf image at the bottom of its carton that promises, “No Preservatives.” Preservatives are added to stop decay, discoloration, or spoilage. But the complaint for this class action alleges that the nectar does contain preservatives because it contains citric acid and ascorbic acid.
Nectar Petit Fruit Punch Nectar “No Preservatives” Claim ComplaintCase Event History
Nectar Petit Fruit Punch Nectar “No Preservatives” Claim Complaint
April 26, 2022
Nectar Petit brand fruit punch, made by Beliv, LLC, has a small seal with a green leaf image at the bottom of its carton that promises, “No Preservatives.” Preservatives are added to stop decay, discoloration, or spoilage. But the complaint for this class action alleges that the nectar does contain preservatives because it contains citric acid and ascorbic acid.
Nectar Petit Fruit Punch Nectar “No Preservatives” Claim Complaint