Tropicana Class Action Alleges Mismarketing of Probiotic Juice

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A woman alleges that a line of juices made by Tropicana falsely touts its probiotic content to health-conscious consumers.

Lead plaintiff Leslie Bowman contends in her Tropicana class action lawsuit that the Essential Probiotics line of beverages is marketed using deceptive health claims.

Tropicana uses advertising to make it seem like there is a daily recommended intake of probiotics, when no such level exists, Bowman claims.

“Consumers are familiar with the term ‘essential’ when it comes to vitamins and nutrients because this is the jargon used for dietary recommendations from grade school and onwards (i.e., ‘7 essential nutrients, vitamins and minerals’),” alleges the Tropicana juice class action lawsuit. “However, probiotics are neither nutrients, vitamins or minerals.”

Additionally, points out the Tropicana probiotics class action, the juice contains a great deal of sugar – nearly the same as soda.

The plaintiff contends that Tropicana is profiting off of consumers’ preferences for healthy food products, commanding a premium price for its Essential Probiotics beverages.

“By labeling the products as ‘Essentials,’ the reasonable consumer gets the impression that a minimum nutrient level, range or other allowance has been established by proper authorities, when none exists,” alleges the Tropicana juice class action lawsuit.

“The result is that plaintiff and consumers will believe that probiotics are necessary or appropriate, and thereby purchase and consume the products.”

Tropicana’s Essential Probiotics beverages come in several different flavors, including strawberry banana, pineapple mango, peach passionfruit, and orchard green.

The Tropicana class action lawsuit argues that the company is falsely advertising the Essentials line in order to “prop up” sales of the juice in the face of growing consumer awareness of the detrimental effects of sugar.

Noting that Tropicana Essential Probiotics products contain between 27 and 37 grams of sugar per serving, the class action lawsuit states “Though pediatricians once recommended fruit juice to parents as a source of vitamin C and additional water, recognition of the detrimental effects of high sugar content, increased calories and dental caries, has caused a re-evaluation. Other pediatricians posited that ‘Juice may also be a ‘gateway beverage” to sugary beverages like sodas as children grow up.”

“The purpose of adding probiotics was to make otherwise non-appealing fruit juice more desirable and is misleading for various reasons,” continues the Tropicana probiotics class action.

The plaintiff says consumers are duped into thinking that the sugary beverages contain health benefits, allowing Tropicana to capture some of the market share of probiotic sales – amounting to $1.4 billion in 2014.

According to the Tropicana class action lawsuit, it is “irrational” for probiotics to be contained in Tropicana juice products. Probiotics are naturally found in dairy and other fermented products, Bowman claims.

“Here, the Products irrationally contain substances which naturally occur in dairy products, to fruit juices,” states the Tropicana juice class action. “Fruit juice is not an appropriate carrier for probiotics since their viability is greatly reduced due to the acidic environment.”

Bowman says that she and other consumers paid a premium for Tropicana’s Essential Probiotics line of juices, approximately $4 a gallon, based on false advertising from the company about the supposed health benefits of the juice.

The Tropicana class action lawsuit seeks to represent a nationwide Class of consumers who purchased the beverages, along with a New York subclass.

Bowman is represented by Spencer Sheehan of Sheehan & Associates PC, and Joshua Levin-Epstein of Levin-Epstein & Associates PC.

The Tropicana Essential Probiotics Juice Class Action Lawsuit is Bowman v. Tropicana Products Inc., Case No. 1:18-cv-07251, in the U.S. District Court for the Eastern District of New York.