A consumer has filed a putative class action alleging that Welch Foods Inc.'s grape juices contain excessive levels of lead and arsenic, citing a January 2019 article appearing in Consumer Reports. Labajo v. Welch Foods Inc., No. 19-1306 (C.D. Cal., filed July 16, 2019). The complaint also cites California's Safe Drinking Water and Toxic Enforcement Act (Prop. 65), noting, "This Complaint does not allege a violation of Proposition 65. Proposition 65 is relevant, however, to the extent it provides information concerning the material omissions in violation of California's Consumer Protection laws, and guidance as to a reasonable consumer's purchasing decisions." The plaintiff seeks class certification, injunctions preventing fraudulent business practices and requiring disclosure of lead and arsenic content, restitution, damages and attorney's fees for alleged violations of California consumer-protection statutes.
Tag Archives fruit juice
Represented by the same attorneys, consumers have filed lawsuits alleging that two beverage companies misrepresent the amount of fruit in their fruit-flavored beverages. Campbell Soup Co. "sells artificially-flavored sugar-water labeled as if it were fruit juice," the plaintiff in one lawsuit alleges. Sims v. Campbell Soup Co., No. 18-0668 (C.D. Cal., filed April 2, 2018). The complaint asserts that V8 labels "convey to California consumers that they are purchasing a healthful, natural juice product made solely from fresh fruits and vegetables," but the beverages "consist of 95% water and high fructose corn syrup, topped up with 3% reconstituted carrot juice and 2% or less of the juice of all the fruits and berries for which the Products are named." For example, the plaintiff argues, "Berry Blend" contains "less than 1/2 of 1%" of juice from each of the "luscious ripe berries displayed on the label." The plaintiff also alleges that…
