Class Action Claims Del Monte Fruit Cups, Canned Fruits Falsely Advertised to Contain ‘100% Juice’
Franklin v. Del Monte Foods, Inc.
Filed: November 29, 2023 ◆§ 1:23-cv-08786
A class action alleges that Del Monte fruit cups and canned fruits are deceptively advertised as contained in “100% Juice,” given that the products are made with synthetic ingredients.
A proposed class action alleges the labels on Del Monte fruit cups and canned fruits deceptively represent that the products are contained in “100% Juice” when, in fact, they are made with two synthetic ingredients.
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According to the 17-page case, ingredient lists on the products’ back labels reveal that they are actually made with citric acid and ascorbic acid—non-juice additives classified as preservatives by the U.S. Food and Drug Administration (FDA).
The complaint explains that citric acid and ascorbic acid are popular food additives commonly used in the beverage industry since they help preserve food products by preventing microbial growth and oxidation. Although citric acid and ascorbic acid can, in theory, be derived from natural sources, commercially produced versions of these ingredients are almost always manufactured through extensive chemical processing, the filing says.
Due to the inclusion of non-juice ingredients in its fruit cups and canned fruit, defendant Del Monte Foods, Inc. was required under FDA regulations to disclose that the products are “100% juice with added ingredient(s),” the suit relays. The company’s failure to market its products in compliance with federal rules has “fraudulently induced” consumers into purchasing products they expected to be packaged in completely natural juices, the lawsuit claims.
Per the complaint, the defendant’s “deceptive conduct” was in response to a rise in consumer demand for products made free from artificial or synthetic ingredients. The case contends that many shoppers would not have purchased the Del Monte products for the substantial price premium at which they are sold had the consumers known the truth about their ingredients.
The lawsuit looks to represent anyone in the United States who purchased the following Del Monte products primarily for personal, family or household purposes and not for resale:
- Mango Pineapple in 100% Juice, Fruit Cup Snacks;
- Diced Mangos in 100% Juice, Fruit Cup Snacks;
- Diced Pears in 100% Juice, Fruit Cup Snacks;
- Pear Halves in 100% Juice;
- Canned Gold Pineapple Slices in 100% Pineapple Juice;
- Canned Gold Pineapple Chunks in 100% Pineapple Juice;
- Canned Gold Pineapple Tidbits in 100% Pineapple Juice;
- Mango Pineapple in 100% Juice, Fruit Cup Snacks;
- Pineapple Tidbits Fruit Cup Snacks - 100% Juice;
- Tropical Fruit in 100% Juice, Fruit Cup Snacks;
- Pineapple in 100% Coconut Flavored Juice, Fruit Cup Snacks;
- Pineapple Tidbits in 100% Juice;
- Pineapple Chunks in 100% Juice;
- Mixed Fruit in 100% Juice, Fruit Cup Snacks;
- Cherry Mixed Fruit in 100% Juice Fruit Cup Snacks;
- Chunky Mixed Fruit in 100% Juice Fruit Cocktail in 100% Juice;
- Citrus Salad in 100% Juice;
- Red Grapefruit in 100% Juice;
- Sliced Yellow Cling Peaches in 100% Juice; and
- Diced Peaches in 100% Juice, Fruit Cup Snacks.
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