Tag: juice
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Law Review Comment Explores FTC Oversight of Food Health Claims
The University of San Francisco Law Review has published a student comment titled “Snake Oil in Your Pomegranate Juice: Food Health Claims and the FTC,” that examines existing statutes and regulatory authorities enabling the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) to regulate the burgeoning “functional food” market. 47 U.S.F.L. Rev. 783.…
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$9 Million Proposed Settlement of Naked Juice Suits Garners Preliminary Approval
A federal court in California has issued an order granting the motion for preliminary approval of a class settlement in five lawsuits alleging that Naked Juice Co. misrepresented its beverages as “All Natural” and “Non-GMO.” Pappas v. Naked Juice Co. of Glendora, Inc., No. 11 8276 (C.D. Cal., order entered August 7, 2013). According to the…
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Court Tentatively Rejects Prop. 65 Lead Warnings for Fruit and Vegetable Products
A California court has tentatively determined, following a 10-day bench trial, that the levels of lead in canned or packaged fruit, vegetable and grape drink products, or baby foods, are below the regulatory “safe harbor” exposure level under Proposition 65 (Prop. 65) and therefore that the companies which make them are not required to provide…
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Naked Juice to Pay $9 Million to Resolve False Ad Suit
Naked Juice Co. has agreed to settle putative class claims that it falsely advertised some of its juice and smoothie products as “all natural” and not genetically modified (GMO); while denying the allegations, the company will establish a $9 million settlement fund. Pappas v. Naked Juice Co. of Glendora, Inc., No. 11-8276 (C.D. Cal., motion…
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Putative Class Challenges Fruit Juice Labeling
A California resident has filed consumer fraud claims on behalf of a putative statewide class against a company that makes fruit juices with “No Sugar Added” statements on the product labels and without a statement that the juice is not a “low calorie” or “calorie reduced” product allegedly in violation of federal regulatory requirements. Cuzakis…
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FDA Proposes Action Level for Inorganic Arsenic in Apple Juice
The Food and Drug Administration (FDA) has proposed “an ‘action level’ of 10 parts per billion (ppb) for inorganic arsenic in apple juice,” the same level established by the U.S. Environmental Protection Agency for drinking water. According to a July 12, 2013, press release, FDA set this threshold based on its latest analysis of organic…
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Certification Denied, Plaintiff’s False-Labeling Claims Not Typical of the Class
A federal court in California has denied the class certification motion filed by a woman who sought to represent anyone in the state who had purchased products in entire beverage lines produced by the defendant, because she had purchased just five specific products and thus her labeling and misbranding claims were not typical of those…
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House Lawmakers Seek Release of FDA Guidelines on Arsenic in Juice
U.S. Reps. Rosa DeLauro (D-Conn.) and Frank Pallone Jr. (D-N.J.), have written a letter to the Office of Management and Budget asking for the release of the Food and Drug Administration’s (FDA’s) voluntary industry guidelines for levels of arsenic in fruit juices currently under review by the Office of Information and Regulatory Affairs. Citing studies…