Class Action Claims ‘All Natural’ AriZona Products Contain Added Coloring
by Erin Shaak
Guslitser v. Hornell Brewing Co., Inc.
Filed: August 4, 2021 ◆§ 2:21-cv-06309
A class action claims certain AriZona-brand beverages made by Hornell Brewing have been falsely advertised as “All Natural” when they contain added coloring.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
A proposed class action claims certain AriZona-brand beverages made by Hornell Brewing Co., Inc. have been falsely advertised as “All Natural” when they contain added coloring.
According to the lawsuit out of California, the defendant’s AriZona products, including AriZona Kiwi Strawberry Fruit Juice Cocktail, Lemonade Fruit Juice Cocktail, Mucho Mango Fruit Juice Cocktail, Fruit Punch Fruit Juice Cocktail, Orangeade, Grapeade, Lemonade Drink Mix, Golden Bear Strawberry Lemonade and Rx Energy, contain added coloring such as “beta carotene,” “fruit and vegetable juices,” “annatto” and “vegetable juice” despite being represented as “All Natural.”
The suit contends the “All Natural” claim on the products’ front label was designed to mislead consumers into believing the beverages contain only natural ingredients. According to the case, no reasonable consumer would expect a beverage represented as “All Natural” to contain added coloring ingredients. Hornell Brewing, the lawsuit alleges, has attempted to capitalize on consumers’ desire for healthier foods by charging a premium price for the deceptively labeled AriZona products:
“Plaintiff and other consumers of the Products made their purchase decisions in reliance upon Defendant’s advertised claims that the Products are ‘All Natural.’ By falsely labeling the Products as being ‘All Natural,’ Defendant has profited from consumers’ preference for food products that are perceived to be healthier and made free from any added coloring.”
The lawsuit states that the FDA does not consider foods with added coloring to be “natural,” regardless of the source of the coloring ingredient. While the agency has not issued a formal definition of the term, comments submitted to the FDA on the subject clearly show that consumers expect a food labeled as “natural” to be free from added coloring ingredients, according to the complaint.
Moreover, reasonable consumers lack the “specialized knowledge” necessary to determine whether the ingredients in the AriZona products are consistent with the defendant’s labeling, and therefore relied on Hornell Brewing to truthfully represent the nature of the beverages, the lawsuit says.
According to the case, consumers would not have purchased the AriZona products had they known the drinks contained added coloring ingredients. The suit says there was “no practical reason for the false and misleading labeling and advertising of the Products” aside from misleading consumers in order to generate a financial windfall for Hornell Brewing.
The case, which was removed from Los Angeles County Superior Court to California’s Central District Court on August 4, looks to represent anyone who purchased AriZona products labeled as “All Natural” in California for personal consumption (and not for resale) during the past four years.
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