Tag: juice
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FDA Calls Nestlé Products Misbranded
In a letter recently posted to its website, the Food and Drug Administration (FDA) has warned Nestlé USA that its Juicy Juice® products are misbranded because their labels include “unauthorized nutrient content claims.” According to FDA, the product labels include the claim “Helps support brain development . . . In children under two years old”…
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Welch Foods Seeks Insurance Coverage for Pomegranate Juice Litigation Defense
Welch Foods Inc. has filed suit against its insurers claiming that they have a duty to defend and indemnify the beverage maker in litigation alleging that the company deceptively marketed its “100% Juice White Grape Pomegranate Flavored 3 Juice Blend”®. Welch Foods Inc. v. Zurich Am. Ins. Co., No. 09-12087 (D. Mass., filed December 8,…
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False Advertising Claims Briefly Made Against Juicy Juice® Maker
A putative class action was reportedly filed in a California state court against Nestlé, alleging that the company falsely advertises its “Juicy Juice Brain Development Fruit Juice” as a product that will improve toddlers’ brain function. Plaintiff Alexis Farmer, who then dismissed the complaint without prejudice several days later, reportedly claimed that she purchased the…
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New Lawsuit Claims Deceptive Marketing of Pomegranate Juice
In the wake of lawsuits filed by the manufacturer of a pomegranate-juice based product line, consumers have now begun seeking damages against the same defendants for alleged deception and fraud in the sale of pomegranate juice purportedly containing “little or no pomegranate juice.” Burcham v. Welch Foods, Inc., No. 09-05946 (C.D. Cal., filed August 14,…
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Pomegranate Juice Dispute Allowed to Proceed
A federal court in California has denied the motion to dismiss filed by Ocean Spray Cranberries, Inc. in litigation filed by Pom Wonderful LLC alleging that the company’s false advertising for a cranberry-pomegranate juice violates federal and state law and constitutes unfair competition. Pom Wonderful LLC v. Ocean Spray Cranberries, Inc., No. 09-00565 (C.D. Cal., decided…
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California Consumer Alleges “All Natural” HFCS Beverage Claims Are Misleading
A putative class action filed in a California federal court against Snapple Beverage Corp. alleges that the company misleads consumers by labeling as “All Natural” products containing high fructose corn syrup (HFCS) and using the names of fruits for some products that “do not contain any significant amount of the fruit listed in the product’s…
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EFSA Panel Rejects Health Claim for Cranberry Products
The European Food Safety Authority’s Panel on Dietetic Products, Nutrition and Allergies (NDA) has rejected a health claim dossier submitted by Ocean Spray Cranberries, Inc., that sought to link consumption of its products to a reduced risk of urinary tract infection (UTI) in women. Ocean Spray asserted that dried cranberries and juice drinks containing 80…
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Baby Food Company Faces New Class Action over Product Promotions and Labeling
A Massachusetts woman has filed a putative class action in federal court against Gerber Products Co., alleging that its packaging misrepresented the quality of its Fruit Juice Snacks®, which “were virtually nothing more than candy with a touch of vitamin C.” Wiley v. Gerber Prods. Co., No. 09-10099 (D. Mass, filed January 22, 2009). She…