Royal Wine Corporation and Kedem LLC, which collectively do business as Kedem Food Products, have been accused of false advertising in a proposed class action lawsuit that claims their grape juice can’t be described as “100% pure” because of the presence of a synthetic preservative.
The front label of the product at issue prominently displays the words “100% pure grape juice,” and claims the drink is “made with concord grapes…rich in antioxidants and flavonoids” and contains “no added sugar, coloring or flavoring.” The suit says this labeling allows the companies to charge a premium price for the juice and that customers wouldn’t have paid as much had they known the truth about the product. From the suit:
“Plaintiff and Class Members paid a premium for the Product over and above comparable products that did not purport to be ‘Pure Grape Juice’…By deceiving consumers about the nature, quality, and/or ingredients of the Product, Defendants are able to charge higher prices for the Product, thereby increasing their own profits.”
The suit claims that the juice cannot be advertised or described as “pure grape juice” because it contains the synthetic preservative potassium metabisulfite. According to the case, research shows that the term “pure grape juice” is misleading because “the reasonable consumer believes that the term ‘pure’…means that the goods are free from ingredients other than grape juice.”
The case claims that the defendants violated the Magnuson-Moss Warranty Act, New York General Business Law, and the consumer protection statutes of 41 other states.