Certain Ocean Spray Juices Falsely Labeled as Made with ‘No Preservatives,’ Class Action Alleges
Wright v. Ocean Spray Cranberries, Inc.
Filed: October 27, 2023 ◆§ 4:23-mc-80279
A class action claims the cran-raspberry and “100% Juice” cranberry watermelon varieties of Ocean Spray juice drinks are falsely advertised as containing “No Preservatives.”
California
A proposed class action claims the cran-raspberry and “100% Juice” cranberry watermelon varieties of Ocean Spray juice drinks are falsely advertised as containing “No Preservatives” given the products are made with an ingredient that functions as such.
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The 21-page case against defendant Ocean Spray Cranberries, Inc. says that contrary to prominent label representations, the products at issue are made with citric acid—an ingredient classified by the Food and Drug Administration (FDA) as a preservative.
As a result of the defendant’s “false and misleading” label claims, consumers have been tricked into buying and paying more for what they thought were premium products free from preservatives, the suit contends.
The lawsuit explains that citric acid’s ability to increase the acidity of foods helps delay or prevent the growth of bacteria, mold, yeast and fungus, keeping products fresher for longer. For this reason, among others, industry experts have called the ingredient one of the “most common and widely-used preservatives in the world,” the complaint relays.
According to the complaint, a naturally occurring version of citric acid can be found in citrus fruits, but most commercially produced citric acid is derived from a type of black mold called Aspergillus niger using heavy chemical processing.
“Consumption of manufactured citric acid has been associated with adverse health events like joint pain with swelling and stiffness, muscular and stomach pain, as well as shortness of breath,” the filing says, noting that a majority of consumers buy preservative-free foods because they are seeking out healthier, more natural products.
The plaintiff, a California consumer who bought the Ocean Spray cran-raspberry juice in 2023, says she would not have purchased the beverage, or would not have paid as much for it, had she known it was falsely advertised and contained a preservative.
The lawsuit looks to represent anyone who bought Ocean Spray’s cran-raspberry or “100% Juice” cranberry watermelon juice in California during the applicable statute of limitations period.
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