Kroger Fruit Cups in ‘100% Juice’ Are Falsely Advertised, Class Action Lawsuit Says

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A proposed class action lawsuit alleges Kroger has misled consumers by falsely advertising its brand of fruit cups as served in “100% Juice” given the products contain water, preservatives and other components.

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According to the 35-page lawsuit, Kroger deceptively markets packs of single-serving “Mixed Fruit In 100% Juice” with images of fresh fruit in a way that leads consumers to expect the product to contain only peaches, pears and pineapples, served in pure fruit juice. However, per the suit, the ingredients list shows that the fruit cups also contain a “significant percentage” of low-quality components such as water, juice concentrates and added flavorings and preservatives.

For instance, the case says, the most predominant non-fruit ingredient by weight is not any type of juice, but instead water, which is second on the ingredients list and likely added separately.

“Though water is a natural component of the peaches, pears, pineapple, and 100 percent fruit juice, promoted on the front label, that the second ingredient is ‘Water’ means that the product likely has more water than all other ingredients except peaches, and more water than any juice ingredient,” the complaint shares.

As the filing tells it, other components listed on the bottom of the packaging include white grape juice concentrate and lemon juice concentrate, which are highly processed ingredients of little nutritional value that do not match consumers’ understanding of the “100% Juice” representation.

In addition, the fruit cups contain ascorbic acid and citric acid, two chemical additives that not only function as preservatives in the product but are also used to synthetically enhance its sweet, tangy taste, the lawsuit relays.

The suit contends that Kroger’s fruit cups are misbranded under federal and state labeling regulations because the items’ representations mislead consumers into believing they contain purer and higher-quality ingredients than they actually do.

The case further alleges that the product fails to properly disclose that ascorbic acid and citric acid are used as chemical preservatives, in violation of labeling regulations.

The lawsuit looks to represent anyone in California who purchased Kroger’s “Mixed Fruit In 100% Juice” fruit cups within the state during the applicable statute of limitations period and expected them to contain only peaches, pears, pineapple and 100 percent fruit juice.

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