“Evaporated Cane Juice” at Issue in Yogurt Litigation
A California resident has filed a putative class action against a company that sells Greek-style yogurt products labeled with the terms “evaporated cane juice,” “All Natural Ingredients” or “Only Natural Ingredients,” claiming that they are false and misleading. Kane v. Chobani, Inc., No. 12-2425 (N.D. Cal., filed May 14, 2012). According to plaintiff Katie Kane, the company includes on the ingredients list for some of its yogurt products the term “evaporated cane juice,” which the Food and Drug Administration (FDA) has warned other companies is false and misleading, and uses phrases containing the word “natural” despite making the yogurt with artificial ingredients, flavorings and colorings, such as “fruit or vegetable juice concentrate.” She contends that these product representations “mislead consumers into paying a premium price for inferior or undesirable ingredients” and “render products misbranded under federal and California law.”
Seeking to certify a statewide class of consumer, the plaintiff alleges unlawful,
unfair and fraudulent business acts and practices; misleading, deceptive
and untrue advertising; unjust enrichment; and violations of the Consumers
Legal Remedies Act (CLRA), Beverly-Song Act and Magnuson-Moss Act. She
requests an award of damages, restitution or disgorgement “for all causes of
action other than the CLRA, as Plaintiff does not seek monetary relief under
the CLRA, but intends to amend her Compliant to seek such relief”; injunctive
relief; punitive damages; attorney’s fees; costs; and interest.
