Naked Juice Faces Proposed Class Action for “Cold-Pressed” Labeling

A consumer has filed a putative class action against PepsiCo alleging that Naked Juice products are mislabeled as “cold pressed” because they also undergo high-pressure processing, “render[ing] the composition of the final product distinct from the intermediate, cold pressed product.” Davis v. PepsiCo, No. 17-4551 (E.D.N.Y., filed August 2, 2017). The complaint alleges that Naked Juice’s “Naked Pressed” product line, which includes nine fruit and vegetable juice blends, are cold pressed but then subjected to high hydraulic pressure, causing the temperature of the juice to rise, degrading “enzymatic, biological and cellular activity” and diminishing overall nutrient content. The plaintiff also asserts that a food product name is intended to refer to a final product, not the product that exists at an “intermediate” stage of manufacturing. Claiming violations of New York consumer-protection laws, fraudulent misrepresentation, implied warranty of merchantability and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.