Water and Sugar? V8 Splash Lawsuit Says Drinks Are Falsely Advertised as ‘Healthy’
Serrano et al. v. Campbell Soup Company
Filed: February 12, 2024 ◆§ 2:24-cv-01176
A class action lawsuit alleges Campbell Soup Company has misrepresented its V8 Splash beverages as healthy.
California Business and Professions Code California Unfair Competition Law New Jersey Consumer Fraud Act California Consumers Legal Remedies Act
California
A proposed class action lawsuit alleges Campbell Soup Company has misrepresented its V8 Splash beverages as healthy given that the products are “almost entirely water and high fructose corn syrup.”
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The 54-page lawsuit says that although the V8 Splash products at issue—including the Berry Blend, Diet Berry Blend, Tropical Blend, Diet Tropical Blend, Strawberry Kiwi, Cherry Pomegranate and Fruit Medley varieties—are marketed to families with kids as “wholesome, naturally-flavored, healthful” fruit juices, the products, in truth, are merely “artificially flavored to taste like fruit juice.”
Per the suit, the V8 drinks contain, at most, “token amounts”—one to two percent, or less—of the juice of the fruits shown on product labels, not nearly enough to make the beverages taste like any of their namesake fruits and berries, the filing argues. Further, the Berry Blend variety of V8 Splash contains synthetic Red 40 dye to “make it appear to be fruit juice,” the lawsuit says.
“The Products are labeled as if they were solely naturally-flavored beverages, with the names of fruits and berries and photo-realistic images of fresh, ripe, natural fruits and berries,” the complaint states. “Instead the Products are predominantly water and sweeteners, artificially flavored to mimic the taste of fruit.”
Moreover, some varieties of V8 Splash contain no fruit juice at all, “just sugar-water and flavorings with a token amount of reconstituted dried carrot or sweet potato juice,” the complaint alleges.
“The ‘V8 Splash Berry Blend’ Product, for example, features attractive pictures of fresh, ripe strawberries, blackberries, and raspberries on the label, but contains no fruit or berry juice whatsoever – no strawberry, no blackberry, no raspberry juice, no fruit of any kind.
‘V8 Splash Berry Blend’ is a ‘blend’ of 0.00% fruit or berry juice.”
According to the lawsuit, Campbell Soup Company adds undisclosed artificial flavor to V8 Splash products to “simulate[], resemble[], and reinforce[]” the characterizing tart flavors of the fruits and berries displayed on product labels. These labels, the case claims, are designed to lead reasonable consumers to believe V8 Splash consists of and is flavored solely with natural fruit and fruit juices, or at least contains some fruit.
The suit accuses Campbell Soup Company of violating several states’ consumer protection laws by “misbranding” the V8 Splash drinks and failing to disclose, and actively concealing, from buyers that the products contain artificial flavoring. The company has known for at least a decade that its labeling for V8 Splash beverages is inherently deceptive to consumers, the case contends.
“Real fruits contain important nutrients: natural vitamins and minerals, enzymes and fiber and prebiotics,” the filing reads. “High-sugar beverages contain none of these things but instead prevent effective metabolism and rob the body of these important nutrients. They are not healthy for children, and neither are ultra-sweet artificially-sweetened beverages.”
Consumers who bought V8 Splash beverages were deceived by Campbell Soup Company’s advertising and labeling of the products, the case contends.
Additionally, the suit alleges the labeling of V8 Splash drinks violates federal and state laws given that the presence of artificial flavors, such as dl-malic acid, is not prominently disclosed on the front label.
“None of the Products include on either the front or back label any indication that any of the Products contains artificial flavoring,” the case states. “These Product labels warrant to consumers that the Products are exclusively flavored only with natural fruits and berries and natural fruit and berry flavors.”
The lawsuit looks to cover all United States residents who bought the V8 Splash products mentioned on this page on or after January 1, 2016 and until the date the class is certified by the court.
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