California Consumer Alleges “All Natural” HFCS Beverage Claims Are Misleading
A putative class action filed in a California federal court against Snapple Beverage Corp. alleges that the company misleads consumers by labeling as “All Natural” products containing high fructose corn syrup (HFCS) and using the names of fruits for some products that “do not contain any significant amount of the fruit listed in the product’s name.” Von Koenig v. Snapple Beverage Corp., No. 09-00337 (E.D. Cal., filed March 4, 2009).
The named plaintiff seeks to certify two subclasses of California consumers “to redress Defendant’s deceptive, misleading and untrue advertising and unlawful, unfair and fraudulent business acts and practices.” One subclass would involve those who purchased the company’s “All Natural Products” that contained HFCS; the other would include those who purchased “Fruit Products . . . which included the name or picture of a fruit in the product name or label but which did not contain a substantial amount of that fruit.” As an example, the named plaintiff claims that the company’s “Açai Blackberry Juice Drink®” contains neither blackberry juice nor açai berry juice.
The complaint, which details how HFCS is created, alleges misleading and deceptive advertising; untrue advertising; unlawful, unfair and fraudulent business acts and practices; and violations of the Consumers Legal Remedies Act. Plaintiffs seek actual and punitive damages, restitution, injunctive relief, corrective advertising, attorney’s fees, and costs.
