Tropicana Sued over Pomegranate/Blueberry Juice Product
A Florida resident has filed a putative class action against Tropicana Products,Inc. and a retailer, alleging that promotions for Trop50 Pomegranate Blueberry Juice Beverage® are deceptive because the product consists primarily of“a mixture of cheap apple juice and grape juice concentrates.” Cruz v. Tropicana Prods., Inc., No. 10-62926CA08 (Fla. Cir. Ct., Miami-Dade Cty., filed December 14, 2010).Seeking to certify a statewide class of consumers, the plaintiff claims that Tropicana hoped to tap into the “enormous new market”of those seeking to benefit from the antioxidants in blueberries and pomegranates by creating a “deceptive and misleading label with many elements not required by state or federal regulations.”
The complaint refers to a September 2010 jury verdict in California finding
that Welch Foods, Inc. marketed its 100% Welch’s White Grape Pomegranate®
beverage deceptively with labeling that was “literally true” but “had a
tendency to deceive a substantial number of consumers.” The complaint also
notes that other companies actually make products containing primarily
pomegranate and/or blueberry juice, including R.W. Knudsen, POM Wonderful
and Odwalla, thus making consumer confusion about Tropicana’s product
reasonable. Alleging violation of the state’s unfair competition law, breach of
express warranty and implied warranty of fitness for a particular purpose, and
unjust enrichment, the plaintiff seeks declaratory relief, damages, equitable
monetary relief, and interest. According to the complaint, the damages do not
exceed $5 million.
