Costco Cranberry Juice Falsely Advertised as Preservative-Free, Class Action Claims
Colon v. Costco Wholesale Corporation
Filed: October 17, 2023 ◆§ 1:23-cv-12408
A class action alleges Costco’s cranberry juice products are not as preservative-free as advertised since they contain the commonly used additive ascorbic acid.
A proposed class action alleges Costco’s cranberry juice products are not as preservative-free as advertised since they contain the commonly used additive ascorbic acid.
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The 16-page lawsuit says that although the labels of the canned and bottled cranberry juices—namely, Kirkland Signature’s Ocean Spray cranberry premium product made with “100% Juice”—prominently claim that the beverages contain “NO ARTIFICIAL COLORS, FLAVORS OR PRESERVATIVES,” the juices are, in fact, made with the synthetic preservative ascorbic acid.
Though Costco identifies the additive as a source of vitamin C, the suit claims that the company “adds it for its preservative qualities as well.” According to the case, the preservative-free representation is misleading because ascorbic acid—which is plainly classified by the U.S. Food and Drug Administration as a preservative due to its use as an antioxidant in food products—can function as a preservative, even when used in small amounts.
By “knowingly” misrepresenting its cranberry juices, Costco seeks to capitalize on consumers’ preference for natural products free from artificial ingredients or chemical additives, the complaint charges.
The company’s misleading practices have violated state consumer protection laws and allowed Costco to profit at the expense of its customers, the filing alleges.
The Massachusetts plaintiff says he purchased Kirkland Signature’s Ocean Spray cranberry juice in January 2023, believing, based on the representations, that the product was preservative-free. Had the man known that the cranberry juice in fact contained the artificial additive ascorbic acid, he would not have paid as much for the beverage or bought it at all, the case contends.
The lawsuit looks to represent anyone in the United States who purchased any of Costco’s cranberry juice products for personal or household use and not for resale.
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