A New York federal court has dismissed some allegations in a lawsuit alleging Whole Foods Market Group Inc. and Freshbev LLC mislabeled juice products but will allow three claims to proceed. Campbell v. Freshbev LLC, No. 16-7119 (E.D.N.Y., entered July 2, 2018). The plaintiff alleged that the companies mislabeled the juices as unpasteurized, cold-pressed and fresh and that Ripe Craft Juice 12.2 Northeast Blend Cranberry Apple contained more apple juice than cranberry in the blend. The court dismissed the allegation that the “cold-pressed” labels were misleading because the juices are subjected to high-pressure processing, finding that a “reasonable consumer would not mistake the cold-pressed claim to be a claim that pressure was never applied to the juice products.” The court permitted three state-law claims related to the “fresh” labels, the “unpasteurized” label on cranberry juice, and the “Cranberry Apple” juice ingredients to continue but dismissed claims for injunctive relief and fraud.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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