Too Much Sugar in Dole Fruit Products, Plaintiff Alleges

A consumer has filed a putative class action against Dole Packaged
Foods, LLC alleging the company’s products contain too much added
sugar to be labeled as “rich in nutrients” or “healthy.” Amaya v. Dole
Packaged Foods, LLC, No. 15-7734 (C.D. Cal., filed October 18, 2016).
The complaint first details research connecting added sugar intake to
detrimental health effects, including type 2 diabetes, cardiovascular
disease and metabolic syndrome, then asserts that Dole’s products
containing added sugar are misleadingly labeled. “Dole’s representations
that Dole Fruit & Oatmeal contains ‘real fruit!’ and ‘No Trans Fat or
Cholesterol,’ and is ‘a healthy . . . Breakfast’ are false, or even if literally
true at least highly misleading, in light of the substantial added sugar in
the Dole Fruit & Oatmeal products,” the plaintiff argues.

The complaint also alleges the labeling claims are unlawful because
(i) a statement indicating that the product is free of trans fat is “an
unauthorized nutrient content claim that may not be made under any
circumstances” and (ii) “the statement ‘No Cholesterol’ is unlawful
because Dole Fruit & Oatmeal is naturally cholesterol free, but in violation
of [the federal statute], Dole failed to disclose that cholesterol is not
usually present in the food.” The plaintiff seeks class certification, injunctions,
a corrective advertising campaign, damages and attorney’s fees for
alleged violations of California’s consumer-protection statutes.

Issue 620