Class Action Challenges Vitamin C Fortification Claims for Arizona Mucho Mango Fruit Cocktail

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action takes issue with the “Vitamin C Fortified” claim that appears on the label of bottles of Arizona-brand Mucho Mango fruit cocktail.

The 12-page lawsuit contends that defendant Arizona Beverages USA is not permitted to claim that its Mucho Mango fruit cocktail is fortified with vitamin C. Specifically, the case takes issue with the fact that the Mucho Mango product label does not list a reference food alongside the beverage’s “fortified with vitamin C” claim, which leaves consumers no basis on which to compare the product’s vitamin C content to that of another, such as a similar fruit beverage that has not been fortified, the case relays. 

Products labeled as “fortified with vitamin C,” the case says, are required to contain at least 10 percent more vitamin C than a reference food under FDA regulations. According to the case, Mucho Mango contains 15 percent of the daily value for vitamin C through the addition of ascorbic acid as an ingredient. 

Moreover, the lawsuit argues that the addition of vitamin C to Arizona Mucho Mango fruit cocktail is not consistent with the FDA’s fortification policy. The complaint claims that fortification of the product with vitamin C is “not appropriate” given there is “no nutritional deficiency in vitamin C recognized by the scientific community,” and the addition of vitamin C does not replace nutrients lost via storage, handling or processing, the suit adds.

“Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of a product, relative to itself and other comparable products or alternatives,” the case says. “The value of the Product that Plaintiff purchased was materially less than its value as represented by defendant.” 

Further, the complaint states that Arizona Mucho Mango fruit cocktail contains 22 grams of added sugar per eight-ounce serving, 44 percent of the daily value of added sugars.

In light of this, the lawsuit alleges that the fortification of the product with vitamin C is deceptive as consumers may have bought the fruit cocktail over other products more consistent with dietary guidance for consuming high-sugar foods. 

“Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” the suit claims. 

The lawsuit looks to represent consumers in Illinois, Ohio, Michigan, Nevada, Arizona, Rhode Island, North Dakota, Oregon, Texas, Iowa, Kansas, Virginia, Tennessee, New Hampshire, Maine, Alaska, South Dakota and Oklahoma who bought Arizona-brand Mucho Mango fruit cocktail within the relevant statute of limitations. 

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.