Switch Juices’ “No Added Sugar” Label Deceives About Calorie Count, Consumer Alleges

A consumer has alleged that Apple & Eve markets its Switch Sparkling Juices as containing no added sugar or preservatives despite containing citric and ascorbic acids and having a “high calorie count when compared to competitors’ products that do not have the ‘No Sugar Added’ claim.” Reaves v. Apple & Eve LLC, No. 18-5728 (E.D.N.Y., filed October 12, 2018). The complaint asserts that consumers believe the juices to be “a low-calorie product” because of the “no sugar added” marketing message. “Consumers associate claims about the absence of sugar with lower calorie counts when there is no disclaimer stating otherwise,” the complaint alleges. “The [U.S. Food and Drug Administration] has reached the same conclusion: ‘Consumers may reasonably be expected to regard terms that represent that the food contains no sugars or sweeteners e.g., ‘sugar free,’ or ‘no sugar,’ as indicating a product which is low in calories or significantly reduced in calories.'” The plaintiff also argues that the citric and ascorbic acids in the products are used as preservatives, allegedly amounting to violations of New York consumer-protection statutes. The plaintiff seeks class certification, damages, restitution, attorney’s fees and injunctions.