Tropicana Class Action Says Orange Juice is Artificially Flavored

A class action lawsuit claims that Tropicana Pure Premium 100% Orange Juice with Calcium & Vitamin D is artificially flavored. 

Plaintiff Susie Jean Johnson alleges that Tropicana Manufacturing Company Inc. and PepsiCo Inc. misrepresent its Tropicana orange juice as being “100% pure” when in reality, it contains d-1-malic acid, an artificial flavoring ingredient.

Johnson states that she purchased Tropicana orange juice several times since April 2018, relying on the product’s labeling which claimed it was “Pure Premium” and “100% Orange Juice.”

The Tropicana class action lawsuit asserts that malic acid occurs naturally in some foods, and gives them a tangy flavor. In contrast, d-1-malic acid is a manufactured flavor made from petrochemicals.

Johnson asserts that because Tropicana contains d-1-malic acid and d-1-malic acid is an artificial flavoring, Tropicana and Pepsico should not represent the orange juice as all natural.

Allegedly, Johnson believed that if the beverage states it is premium and 100 percent orange juice, it was not made with artificial ingredients. She argues that many reasonable consumers would believe the same.

Johnson says that by law, she and the consumers are entitled to rely on the representations made by a company about its products.

The Tropicana orange juice class action states that the companies knowingly misrepresent the orange juice as 100 percent juice when it really contains an artificial flavor because they know customers are more likely to purchase a product they believe to be all natural.

Allegedly, customers perceive natural and naturally flavored products to be healthier and of higher quality than those with artificial flavorings, so seek those products out and are willing to pay a premium for them.

The Tropicana class action goes on to claim that the plaintiff and other consumers were financially injured by Tropicana and Pepsico because they believed that they were purchasing orange juice that did not contain artificial flavors but received an orange juice containing artificial flavors.

Allegedly, had Johnson known that the orange juice contained artificial flavors she would not have purchased it or would have not paid as much for it as she did.

Johnson seeks damages on behalf of herself and all other similarly affected consumers, and seeks for Tropicana and Pepsico to be required to stop falsely advertising their products.

The Tropicana class action states that Tropicana and Pepsico either knew or should have known that state and federal law requires products to be labeled in a way that is accurate and not misleading, but did so nonetheless.

Johnson is represented by Ronald A. Marron and Michael T. Houchin of the Law Offices of Ronald A. Marron.

The Tropicana Orange Juice Class Action Lawsuit is Susie Jean Johnson v. Tropicana Manufacturing Company Inc., et al., Case No. 3:19-cv-01164-GPC-KSC, in the U.S. District Court for the Southern District of California.

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