A federal court in New Jersey has denied the motion to dismiss filed by MonaVie, Inc. in consumer-fraud litigation involving its juice products, finding that the first amended putative class-action complaint was sufficiently pleaded. Pontrelli v. MonaVie, Inc., No. 13-4649 (D.N.J., decided August 19, 2014). Attached to the complaint was a MonaVie brochure that included a number of claims about the curative health benefits of the açai berry, as well as purported customer testimonials. The plaintiff claimed that she relied on such representations, did not receive the advertised benefits and would not have purchased the products if she had known that the representations were false. The complaint also alleged that consumers are willing to pay an inflated price for the products—$40 for a 25-ounce bottle—based on the advertised health benefits. The plaintiff also alleged that the company knows its claims are false and that the juice products will not cure any…
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The Center for Science in the Public Interest (CSPI) has informed the CEO of Campbell Soup Co. that it will seek injunctive and monetary relief if the company continues to (i) “mislead consumers about the juice content, nutritional value, and healthfulness of its Products”; (ii) “represent that its V8 V-Fusion Refreshers contain no added sugars”; and (iii) mak[e] deceptive nutrient content claims on its V8 Splash Products in violation of United States Food and Drug Administration’s (‘FDA’) Fortification rule.” At issue are products from the V8 V-Fusion Refreshers (20-25% juice) variety of the V8 V-Fusion product line and the entire line of V8 Splash juice drink products, including V8 Splash (5-10% juice), Diet V8 Splash (8% juice) and V8 Splash Smoothies (10% juice). CSPI characterizes these products as “sugary juice cocktails.” According to CSPI, the marketing and labeling for these products are confusingly similar to V8 100 percent juice products…
University of Pittsburgh and Purdue University researchers have purportedly found that pomegranate juice (PJ) heightened neurodegeneration in an animal model of Parkinson’s disease (PD) by increasing nigrostriatal terminal depletion, dopamine neuron loss, the inflammatory response, and caspase activation. Victor Tapias, et al., “Pomegranate Juice Exacerbates Oxidative Stress and Nigrostriatal Degeneration in Parkinson’s Disease,” Neurobiology of Aging, May 2014. Designed to examine the beverage’s potential neuroprotective effects, the study instead suggested that the polyphenols present in pomegranate juice exacerbated the nigrostriatal degeneration of rats with a rotenone-induced syndrome similar to PD. “Several studies have demonstrated the efficacy of different types of polyphenols to attenuate or block neuronal death in animal models of neurodegeneration,” reported the study’s authors. “Although differences between PD models could explain a lack of beneficial efficacy of PJ in the rotenone model, the question remains as to why PJ would exacerbate rotenone toxicity—similarly to melatonin. A possible answer could…
A federal court in California has denied the motion to dismiss putative class claims that Mott’s LLP deceives consumers by placing “No Sugar Added” on its 100% Apple Juice label. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order entered April 8, 2014). Information about the court’s prior decision dismissing without prejudice most of the claims in the plaintiff’s first amended complaint appears in Issue 511 of this Update. As to the plaintiff’s second amended complaint, the court disagreed with the defendant’s argument that an ongoing U.S. Food and Drug Administration (FDA) rulemaking pertaining to Nutrition Facts label disclosures about the presence or absence of added sugars required dismissal of the action under the primary jurisdiction doctrine. While the court agreed that food regulation is within FDA’s purview, it stated, “plaintiff’s claims do not concern statements made on the apple juice’s Nutrition Facts label; rather, plaintiff’s claims relate to nutrient…
A federal multidistrict litigation (MDL) court in California has granted POM Wonderful’s motion to decertify a class of claimants alleging that they were misled by health-benefit representations for the company’s pomegranate juice. In re POM Wonderful LLC Mktg. & Sales Practices Litig., MDL No. 2199 (C.D. Cal., order entered March 25, 2014). Details about the motion appear in Issue 516 of this Update. According to a news source, the court found that (i) the plaintiffs’ two damages models failed to support a class action, and (ii) claims that consumers allegedly paid an inflated price for the company’s juice failed to explain how the company’s health-benefit representations caused damage. As to the practical effects of proceeding as a class action, the court reportedly stated, “Here, Plaintiffs acknowledge that, based on the volume of product sold, every adult in the United States is a potential class member. These millions of consumers paid…
According to a news source, counsel for POM Wonderful LLC has urged federal district court Judge Dean Pregerson to decertify the nationwide class action he certified in consolidated false advertising multidistrict litigation, arguing that the U.S. Supreme Court’s decision in Comcast v. Behrend and the plaintiffs’ failure to establish a valid damages model supported the company’s request. In re POM Wonderful LLC Mktg. & Sales Practices Litig., MDL No. 2199 (C.D. Cal., motion argued March 3, 2014). Additional information about the court’s decision to certify the class appears in Issue 457 of this Update. While the judge did not rule on the motion, he apparently expressed skepticism about whether the plaintiffs would be able to establish that class members purchased the juice for its various advertised health benefits only, rather than buying it for other reasons, such as taste, color or shelf location. He also reportedly asked whether the class certification…
A recent article published in The Lancet: Diabetes & Endocrinology has questioned current nutritional guidelines that permit the substitution of fruit juice for one daily fruit serving, arguing that some fruit juices contain as many calories as other sugar-sweetened beverages (SSBs). Jason Gill and Naveed Sattar, “Fruit juice: just another sugary drink?,” The Lancet: Diabetes & Endocrinology, February 2014. After surveying approximately 2,000 adults “to assess knowledge of sugar content of a range of SSBs, fruit juices, and smoothies,” researchers with the University of Glasgow’s Institute of Cardiovascular and Medical Sciences reported that participants underestimated the sugar content of fruit juices and smoothies by 48 percent on average while overestimating the sugar content of carbonated drinks by 12 percent on average. The article suggests that many people perceive fruit juices and smoothies to be “low-sugar alternatives” to soda, even though the micronutrient content of these beverages “might not be sufficient…
A federal court in California has dismissed putative class claims relating to any product other than Mott’s 100% Apple Juice because the plaintiff failed to properly allege that the company’s numerous sauce products are mislabeled under state and federal law. Rahman v. Mott’s LLP, No. 13-3482 (N.D. Cal., order entered January 29, 2014). The court also dismissed claims under the state’s False Advertising Law, the fraud prong of the Unfair Competition Law (UCL) and the Consumers Legal Remedies Act because they were not sufficiently pleaded, and further dismissed the plaintiff’s claim for negligent misrepresentation for failure to plead justifiable reliance. The court disagreed that the action should be dismissed under the primary jurisdiction doctrine or that the UCL claim should be dismissed for failure to allege facts that would satisfy the reasonable consumer test. As to the latter, the court reiterated that this test “does not apply to claims brought…
The U.K. Advertising Standards Authority (ASA) has upheld a complaint alleging that PepsiCo International Ltd. t/a Naked Juice made antioxidant health claims on its website that were unauthorized by the EU Register of Nutrition and Health Claims for Foods (the EU Register). According to ASA, Naked Juice argued that health claim guidance issued by the European Commission failed to establish whether the term “antioxidant” “was a specific health claim or a non-specific, general health claim.” As a result, the company considered that the term was a non-specific, general health claim, “and it was therefore permissible to use it, provided it was accompanied by a specific health claim which was authorized on the EU Register” – in this case, specific claims about the Vitamin C contents of the “Green Machine” and “Mango Machine” smoothies singled out in the complaint. But ASA disagreed with this reasoning, ultimately concluding that both the commission’s…
New York and California residents have filed a putative nationwide class action against Hain Celestial Group, Inc., alleging that its fruit and vegetable juice products, labeled as “Unpasteurized” and “100% Raw” are false and misleading because the products undergo high pressure processing, “which neutralizes the benefits of the live enzymes, probiotics, vitamins, proteins, and nutrients that would otherwise be retained in a raw and unpasteurized juice.” Stark v. Hain Celestial Group, Inc., No. 13-7246 (S.D.N.Y., filed October 15, 2013). The plaintiffs claim that they purchased a variety of these juices—“Red Juice,” “Gold Juice,” “Green Juice,” “Yellow Juice,” and “White Juice”—at a price premium, relying on representations that the products were, as labeled, able to deliver the nutritional benefits associated with a raw-food diet. According to the plaintiffs, raw juice products have, at best, a 5-day shelf-life, while the defendants’ products have a 30-day shelf-life, which is possible only with processing…
