in Newswire Published on January 23, 2018

NY Consumers Sue Over Allegedly Deceptive Apple & Eve Fruit Juice Products

Last Updated on May 8, 2018

Quiroz et al v. The Apple & Eve, Llc

Filed: January 19, 2018 ◆§ 1:18cv401

Two New York consumers have filed suit against The Apple & Eve, LLC over allegations that the company mislabeled some of its juice products to mislead health-conscious consumers.

Defendant(s)

The Apple & Eve, LLC

Law(s)

State(s)

New York

Categories

Food False Advertising

Two New York consumers have filed suit against The Apple & Eve, LLC over allegations that the company mislabeled some of its juice products to mislead health-conscious consumers. The suit takes issue with the labels’ claims of “No Sugar Added” and “[No] preservatives have been added,” arguing that the statements are deceptive because the juices are high-calorie and contain citric and ascorbic acid. From the complaint:

“Defendant’s ‘No Sugar Added’ and ‘[No] preservatives have been added’ labeling deceives consumers into thinking they are receiving a healthier, lower-calorie juice, when they are not. Conscious of consumers’ increased interest in more nutritious beverages, growing concern over excessive sugar, and consumer willingness to pay more for products perceived to meet these interests, Defendant misleadingly, illegally, and deceptively seeks to capitalize on consumer health trends.”

According to the suit, the labels imply the defendant’s products are lower calorie than its competitors’ when the juices actually contain more calories than similar products that don’t make the same claims. Furthermore, the case argues that citric and ascorbic acid are considered by various sources, including the U.S. Food and Drug Administration, to be preservatives, meaning the defendant’s labels are inherently false.

The case names the following products, but claims that others may also be affected:

Apple & Eve 100% Cranberry Raspberry (ascorbic acid) (all sizes)
Apple & Eve 100% Very Berry Juice (citric and ascorbic acid) (all sizes)
Apple & Eve 100% Cranberry Apple Juice (citric and ascorbic acid) (all sizes)
Apple & Eve 100% Apple Juice (ascorbic acid) (all sizes)

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