Putative Class Claims Hemp Beverages Not “All Natural”

A California resident has filed a putative nationwide class action against Pacific Foods of Oregon, Inc., alleging that the company falsely labels its Hemp NonDairy Beverage® products as “all natural” despite the presence of processed and artificial ingredients and misbrands them by listing as an ingredient “evaporated cane juice.” Perera v. Pac. Foods of Or., Inc., No. 13-1788 (C.D. Cal., filed November 13, 2013).

Plaintiff Sadisha Perera claims that she purchased one specific beverage relying on the prominent “all natural” labeling, but seeks to represent class members who purchased a number of other hemp non-dairy products that are purportedly substantially similar. According to the plaintiff, she would not have purchased the products if she had known that ingredients, such as calcium phosphate, disodium phosphate, xanthan gum, and certain vitamins, listed on the product in smaller print, were non-natural. She claims that she did not get the benefit of the bargain in purchasing the defendant’s products.

Alleging violations of California’s Unfair Competition Law, Sherman Law, False Advertising Law, and Consumers Legal Remedies Act, she seeks equitable relief “to refund and restore to Plaintiff and all Class members all monies they paid for the Pacific Natural Foods Products,” injunctive relief, attorney’s fees, costs, and interest.