San Francisco, CA: A consumer fraud class action lawsuit has been filed against Ocean Spray Cranberries Inc., alleging its CranGrape and CranApple juice-based drinks are advertised as being free of artificial flavors when they are not.
Filed by consumer Crystal Hilsley, the lawsuit claims the two beverages contain artificially synthesized ingredients that qualify as artificial flavors under California law. However, the labelling on the front-of-package claims the products have “No High Fructose Corn Syrup, Artificial Colors or Flavors.”
“Defendants’ marketing of the products reflects this knowledge of consumers’ preferences for natural products — not by making the products only with natural ingredients, but by concealing from consumers that the products contain artificial flavors,” the complaint states.
According to the complaint, to achieve its apple flavor, the CranApple drink includes DL-malic acid derived from petrochemicals, while the CranGrape drink includes a fumaric acid ingredient synthesized from petrochemical feedstocks to give the product its grape flavor. State and federal law require companies to disclose on front and back labels that products are artificially flavored, which Ocean Spray did not do, the plaintiff asserts.
Therefore, consumers could not know the drinks contained artificial flavoring, the plaintiffs states. Further, had she known the products contained artificial flavoring, Hilsley states she would not have bought the product. The complaint alleges violations of California consumer protection laws.
“Plaintiff, as a reasonable consumer, is not required to subject consumer food products to laboratory analysis, to scrutinize the back of the label to discover that the product’s front label is false and misleading, or to search the label for information that California law and federal regulations require be displayed prominently on the front,” the complaint states.
Hilsley seeks to represent a class of California residents who have bought the products or similar products with undisclosed artificial flavors, since January 1, 2011.
Hilsley is represented by David Elliot of The Elliot Law Firm. The case is Crystal Hilsley v. Ocean Spray Cranberries Inc. et al., case number 3:17-cv-02335 in the U.S. District Court for the Southern District of California.
nO, i USE THIS PRODUCT WHENever I need to elevate my electrolytes or flushing the kidneys when infection occurs. Maybe this is why one needs to eat a banana after drinking cranberry juice. or is it the other way around. One of replenishes a person's potassium level.
Posted by Thea Scott
Is this only for people who live in California?
Posted by verna Brown
I am allergic to artificial sweeteners. I was sick for several days after drinking the product
Posted by Ormond Mccullough
This has me so angry I've drank this juice for years, these juices in particular and other flavors. Ive bought this for me an family for years. So disappointed can't believe these guys.
Posted by shelly
I was only use it because it helps with bladder infections. I think I was doing something to better my health but I am not.
Posted by Dante J. Flamminio
I guess there are some Chems. in everything, but perto-chemicials really, is anyone getting sick? I loved this stuff and thought it was good for me.
Posted by DELROY YARD
Drink this flavor and others daily. Did not realize it was using artificial sweeteners in its products. Thinking you are getting a healtier choice when you are not. Keeping it so that you cannot get bladder infections. This product is supposed to help not hurt people. I am a totally disabled man who takes meds daily with this juice. I am wheelchair bound and am in need of assistance from my eife and caregiver. Devasting news about this product.
Add Your Comment on This Issue
Request Consumer Fraud Legal Help
Please complete this form to request a review of your complaint by an attorney.
There is absolutely no cost to you to submit this form. Doing so places you under no obligations and does not establish an attorney-client relationship.
Receive our weekly newsletter from our sister publication LawyersandSettlements with the latest lawsuit news and legal information.