Two California residents who recently sued Trader Joe’s for allegedly misbranding certain foods by using “organic evaporated cane juice” on its product labels have filed a putative nationwide class action against a yogurt company with similar allegations. Gitson v. Clover Stornetta Farms, Inc., No. 13-1517 (N.D. Cal., filed April 4, 2013). Details about the Trader Joe’s lawsuit appear in Issue 477 of this Update. The named plaintiffs contend that the defendant markets some 14 different flavors of its yogurt products, all of which list “organic evaporated cane juice” as an ingredient on their labels “in violation of a number of labeling regulations.” They cite Food and Drug Administration (FDA) guidance, warning letters and an open letter to demonstrate that use of this term for a yogurt sweetener is “illegal.” The plaintiffs also target the company’s websites for their alleged used of “illegal claims.” According to the complaint, they relied on…
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Three California residents have filed a putative class action against food retailer Trader Joe’s in federal court, alleging three different types of misleading labeling claims: using the terms “evaporated cane juice” or “organic evaporated cane juice,” identifying as “natural” or “no added coloring or preservatives” foods that contain added preservatives and artificial colors, and representing non-dairy calcium products as “milk.” Gitson v. Trader Joe’s Co., No. 13-1333 (N.D. Cal., filed March 25, 2013). The plaintiffs claim that the company’s “labeling, advertising and marketing as alleged herein are false and misleading and were designed to increase sales of the products at issue. Defendant’s misrepresentations are part of an extensive labeling, advertising and marketing campaign, and a reasonable person would attach importance to Defendant’s misrepresentations in determining whether to purchase the products at issue.” The complaint outlines the applicable Food and Drug Administration (FDA) regulations that the defendant allegedly violated, noting that…
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…
