Class Action Challenges ‘100% Juice Blend,’ Preservative-Free Claims for Ceres Fruit Juices

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A proposed class action alleges PepsiCo has misled consumers by advertising its Ceres fruit juices as preservative-free and made from a “100% Juice Blend.”

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The 23-page lawsuit says that despite the product’s label, which claims that the juices have “No Preservatives” and are made from a “100% Juice Blend,” each Ceres fruit juice flavor—including guava, litchi, mango, papaya, passion fruit, peach, pear and medley of fruits—contains the artificial preservative ascorbic acid.

According to the suit, ascorbic acid prevents microbial growth and oxidation in food products, which helps preserve color and flavor. Although there is a naturally occurring form of ascorbic acid, it is most commonly produced synthetically, “through extensive chemical processing,” the case explains.

The complaint argues that the preservative-free representation is misleading because the additive—which is included in the ingredients list merely as a source of vitamin C—can function as a preservative even in small amounts.

Per the filing, the company has failed to disclose on the drink’s label that its “100% Juice Blend” also contains an added ingredient, as required by the Food and Drug Administration, which classifies ascorbic acid as a preservative.

By “systematically” misrepresenting its juices, PepsiCo aims to capitalize on consumers’ desire for healthier, more natural products free of chemical additives, the lawsuit contends.

“[PepsiCo's] deceptive marketing campaign helped place the products on the front rows of the shelves of grocery stores throughout the country and online marketplaces,” the suit contests. “As a result, [the defendant] has enjoyed a virtual monopoly, and commanded a substantial premium, over other ‘100% juice’ beverages with added ingredients.”

The plaintiff, a California resident who bought Ceres mango juice in the past few months, believed, based on the representations, that the product was preservative-free and made from a “100% Juice Blend,” the case says. As the complaint tells it, the man would not have purchased the beverage had he known it contained the synthetic additive ascorbic acid.

The lawsuit looks to represent anyone in the United States who purchased Ceres fruit juices for personal use and not for resale.

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