Forager Project faces a putative class action alleging that its "cold-pressed" juices undergo a second, high-pressure processing, allegedly amounting to misrepresentation on the product labeling. Berger v. Forager Project, LLC, No. 17-6302 (E.D.N.Y., filed October 28, 2017) The plaintiff asserts that after the juices are cold-pressed and bottled, Forager subjects the bottles to high-pressure treatment that reduces “the biological, enzymatic and bacterial activity which existed after cold-pressing to an extent that is material to reasonable consumers.” In addition, the plaintiff alleges that Forager does not disclose this second step on its labeling, misleading consumers who want cold-pressed juice because of its “greater integrity in composition than if it were made through a centrifugal machine.” The complaint further argues that the name “Forager Project” contributes to consumer deception because “[f]oraging has traditionally referred to the gathering of food from the natural, undisturbed environment.” Claiming violations of New York consumer-protection law, false advertising,…
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A consumer has filed a putative class action alleging the Hain Celestial Group's “ColdPressed” juice products are mislabeled because a third-party company, which manufactures some of the product, heats the juice during high-pressure processing, causing a “compositional change." Davis v. Hain Celestial Grp., No. 17- 5191 (E.D.N.Y., filed September 3, 2017). The complaint challenges two product lines, BluePrint ColdPressed Juice and BluePrint Organic fruit drinks, which the plaintiff claims are represented as “raw and organic” and “never heated.” The plaintiff asserts that high-pressure processing heats the juice, causing changes in the “microbial, enzymatic and bacterial activity and intact cellular structures,” resulting in the products no longer being raw or fresh. Claiming violations of New York consumer protection laws along with fraudulent misrepresentation, implied warranty of merchantability and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
A consumer has filed a putative class action against PepsiCo alleging that Naked Juice products are mislabeled as “cold pressed” because they also undergo high-pressure processing, “render[ing] the composition of the final product distinct from the intermediate, cold pressed product.” Davis v. PepsiCo, No. 17-4551 (E.D.N.Y., filed August 2, 2017). The complaint alleges that Naked Juice’s “Naked Pressed” product line, which includes nine fruit and vegetable juice blends, are cold pressed but then subjected to high hydraulic pressure, causing the temperature of the juice to rise, degrading “enzymatic, biological and cellular activity” and diminishing overall nutrient content. The plaintiff also asserts that a food product name is intended to refer to a final product, not the product that exists at an “intermediate” stage of manufacturing. Claiming violations of New York consumer-protection laws, fraudulent misrepresentation, implied warranty of merchantability and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
World Waters, maker of WTRMLN WTR, faces a proposed class action alleging its product labeling misleads consumers into believing that the products contain mostly watermelon juice and that the beverages are “cold-pressed” rather than heat-pasteurized. Pizzirusso v. World Waters, No. 17-4071 (E.D.N.Y., filed July 8, 2017). The plaintiff first asserts that World Water “overstates” the amount of watermelon in the mixed-fruit juice beverages. The complaint further alleges that although World Waters uses “Cold Pressed” and “Cold Pressured” to describe its products and claims on its website that the beverages are not pasteurized, the cold-pressure process heats the juices in a manner comparable to pasteurization; in addition, similar products produced by competitors apparently bear the term “High Pressure Processed.” Alleging violations of New York consumer protection laws, breach of warranty, unjust enrichment and fraud, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees. Issue 641
A California resident has filed a putative nationwide class action against Suja Life, LLC, alleging that the company, which advertises and labels its juice products as “raw” and “cold-pressed,” misleads consumers because it uses a high pressure processing (HPP) treatment that alters the nutrients and live enzymes that raw-product purchasers wish to consume. Heikkila v. Suja Life, LLC, No. 14-0556 (N.D. Cal., filed February 5, 2014). Claiming that HPP’s effects on juice products are “identical to those of traditional pasteurization—inactivated enzymes, inactivated probiotics, altered physical properties of the product, and denatured proteins, among other undesirable qualities,” the plaintiff alleges that the products “are nothing more than run-of-the-mill, processed juices.” According to the complaint, the plaintiff reviewed the company’s Website, packaging and labeling before making her purchase and paid a premium price for the products. She contends that raw juices have a short shelf life and are thus more expensive than…
