Ocean Spray ‘No Artificial Flavors’ Class Action Granted Partial Cert.

UPDATE 4: On Oct. 28, 2020, Top Class Actions viewers started receiving payments from the Ocean Spray class action settlement worth $17.40. Congratulations to everyone who filed a claim and got PAID!

UPDATE 3: February 2020, the Ocean Spray artificial flavors class action settlement is now open. Click here to file a claim. 

UPDATE 2: February 2020, a website has been established that informs Class Members of their rights under an Ocean Spray artificial flavoring class action settlement.

UPDATE: On Nov. 8, 2019, Ocean Spray agreed to pay $5.4 million to end claims that its CranApple and CranGrape beverages are falsely advertised as having “no artificial flavors.”

Ocean Spray consumers recently won partial Class certification in their lawsuit alleging numerous cranberry juice products are mislabeled as having “no artificial flavors.”

On Nov. 29, U.S. District Judge Gonzalo P. Curiel granted Class certification for claims under California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act, but denied Class certification for claims of breach of warranty.

“Plaintiff asserts that all products contain the ‘no artificial flavors’ labels, all class members were exposed to the same or substantially similar misleading labels and a single final injunctive relief would provide relief to each member of the class,” Judge Curiel wrote in his motion. “Therefore, the court concludes that certification under Rule 23(b)(2) is appropriate.”

The newly certified Class includes California consumers who purchased certain Ocean Spray beverages for personal use (not for resale) since January 2011. Ocean Spray beverage flavors covered by the class action include: CranApple, CranGrape, “100% Apple” Juice Drink, CranRaspberry, Wave Apple with White Cranberries, Wave Berry Medley, CranCherry, CranPineapple, CranPomegranate, Diet CranPomegranate, Diet CranCherry and Cranberry Cherry.

The Ocean Spray class action argues that the “no artificial flavors” claim found on the company’s products is misleading because the beverages contain malic acid and fumaric acid.

The CranApple flavor beverage allegedly contains d-l malic acid while the Ocean Spray CranGrape beverage allegedly contains fumaric acid. Both d-l malic acid and fumaric acid are allegedly synthesized from petrochemicals.

Federal and state regulations require the presence of artificial flavors to be disclosed on the front and back labels. Despite allegedly containing artificial flavorings, Ocean Spray products fail to disclose the artificial flavoring. Instead, the products allegedly contain misleading labels that state “no artificial flavors.”

Ocean Spray argued for dismissal based on the fact that malic acid and fumaric acid are not listed on the U.S. Food and Drug Administration (FDA) list of artificial flavors and therefore would make the claims in the class action irrelevant.

However, Judge Curiel rejected this argument in November, finding that “the lists are not exhaustive…simply because malic and fumaric acids are not on the FDA lists does not mean that the FDA has determined they are not artificial flavors.”

Despite the denial of their dismissal motion and partial Class certification, Ocean Spray reportedly remains determined to fight the suit. In a statement to Law360, Ocean Spray said that the recent Class certification only means that the court initially believes that the Class satisfies requirements for bringing claims.

“This finding has absolutely no bearing on the merits of the case,” Ocean Spray said to Law360. “In fact, the substance of the case has not yet been presented and, as we have maintained all along, the plaintiffs’ claims are without merit. We are confident that plaintiffs’ claims are legally deficient, and will continue to vigorously defend the Cooperative in this matter.”

Plaintiffs and Class Members are represented by Ron Marron and Michael Houchin of The Law Offices of Ronald A. Marron; and David Elliot of the Law Offices of David Elliot.

The Ocean Spray Misleading Label Class Action Lawsuit is Hilsley, et al. v. Ocean Spray Cranberries Inc., et al., Case No. 3:17­-cv-­02335, in the U.S. District Court for the Southern District of California.