Capri Sun apple juice class action overview:
- Who: An apple juice consumer sued Kraft Heinz, the maker of Capri Sun.
- Why: The plaintiff says the juice is falsely marketed as having all-natural ingredients.
- Where: The Capri Sun apple juice class action was filed in a New York federal court.
Capri Sun apple juice is falsely marketed as having no preservatives when it contains the known preservative citric acid, a new class action lawsuit alleges.
Plaintiff Eboni Forbes filed the class action lawsuit against Kraft Heinz Food Company Jan. 2 in a New York federal court, alleging violations of state and federal consumer laws.
According to her complaint, the Kraft Heinz Foods Company makes and sells apple juice marketed as having “All Natural Ingredients” and “No Artificial Colors, Flavors or Preservatives” under the Capri Sun brand.
However, the statement of “No Artificial Colors, Flavors or Preservatives” is false, deceptive and misleading because the product contains citric acid, an artificial ingredient which serves multiple preservative functions, the Capri Sun apple juice class action alleges.
“Federal and identical state law require that foods containing chemical preservatives disclose this in a way likely to be read by consumers,” the lawsuit claims.
Apple juice should have stated citric acid as preservative, Capri Sun class action states
Where a chemical preservative is used, it must be accompanied by a parenthetical in the ingredient list that describes its function, such as “preservative,” the Capri Sun class action says.
“Instead of identifying citric acid’s function as a preservative or any of the other examples provided, Defendant’s parenthetical declaration that it is used ‘FOR TARTNESS’ is misleading and contrary to law,” the lawsuit states.
A customer would just think the citric acid impacts the product’s flavor, which is true but also misleading because it fails to disclose that the Capri Sun apple juice requires this ingredient to maintain, preserve and protect its flavor from deteriorating, the Capri Sun class action claims.
Forbes sued on behalf of anyone who bought the product in New York, plus a consumer fraud multistate class of consumers from South Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, South Carolina and Utah.
She also sued for violations of state consumer laws, breach of warranty, fraud and unjust enrichment.
Forbes seeks certification of the class action, damages, fees, costs and a jury trial.
In December, a consumer hit Kraft with another Capri Sun class action lawsuit alleging it falsely advertises its Capri Sun Strawberry Kiwi juice drink as containing “all natural ingredients” when the product contains per- and polyfluoroalkyl substances.
Have you bought a Capri Sun thinking it was natural? Let us know in the comments!
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.
The Capri Sun class action lawsuit is Eboni Forbes et al., v. Kraft Heinz Food Company, Case No. 1:23-cv-00007, in the U.S. District Court for the Southern District of New York.
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