Judge Strikes Wal-Mart Juice False Advertising Class Action

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A proposed false advertising class action lawsuit against Wal-Mart Stores Inc. was denied Class certification and stricken by the presiding federal judge on March 31, due to a “shotgun pleading” technicality. The now stricken Wal-Mart class action lawsuit filed in Florida federal court alleges the retail store intentionally mislabeled a beverage as “100% Cranberry Pomegranate Juice” to allegedly conceal that the product is in fact a mix of juice concentrates and water.

Shotgun pleading refers to a legal complaint that enumerates excessive facts with no clear organization and claims those facts describe a plaintiff’s cause of action.

In the case of the Wal-Mart false advertising class action lawsuit, U.S. District Judge Brian J. Davis states the plaintiff’s complaint improperly incorporates preceding counts’ allegations in all three counts included in the lawsuit, fails to identify Wal-Mart’s citizenship, and did not request a large enough damages award to warrant court jurisdiction.

According to the false advertising class action lawsuit, Judge Davis states:

“If the amount in controversy is ‘the aggregate purchase price for the product’ — $2.78 — multiplied by one million units of the product — more than the ‘hundreds of thousands of units’ purchased by plaintiff and the members of the class, as alleged in the complaint — the amount recoverable would fall well short of the $5,000,000 necessary to meet the jurisdictional threshold of this court.”

Additionally, while the plaintiff claimed Wal-Mart “is a Delaware corporation” and “can be considered a citizen of Delaware,” the class action lawsuit does not actually identify Wal-Mart’s state of incorporation and personal place of business, which according to the court is necessary to establishing jurisdiction.

Finally, the judge ruled that the complaint against Wal-Mart lay a burden on the court to sift out irrelevancies in this proposed false advertising class action lawsuit. However, the court will allow the plaintiff to file a new class action lawsuit against the retail giant before April 15.

In addition to striking the Wal-Mart false advertising class action lawsuit, the judge also denied the plaintiff’s motion for Class certification, noting the plaintiff did not need to worry about the retail giant picking off her claims through a settlement.

Plaintiff Cheryl Hulse filed this Wal-Mart class action lawsuit in early March, claiming the retail company falsely labeled a mix of white grape, apple, and plum juice concentrate with water as “100% Cranberry Pomegranate,” in an attempt to gain profits from sales to health-conscious consumers like herself. She further alleges the Wal-Mart packaging for this product is visually misleading, in that the consumers are shown grapes and apples intermingled with cranberries and pomegranate, fruits which Hulse alleges are linked with increased heart health.

Hulse brings several allegations against Wal-Mart in this false advertising class action lawsuit, including violations of Florida’s Deceptive and Unfair Practices Act, negligent misrepresentation, and unjust enrichment.

The plaintiff is represented by Joshua H. Eggnatz and Michael J. Pascucci ​of The Eggnatz Law Firm PA.

The Wal-Mart False Advertising Class Action Lawsuit is Hulse v. Wal-Mart Stores Inc., Case No. 3:15-cv-00233, in the U.S. District Court for the Middle District of Florida.