Tropicana Dodges ‘Pure’ Orange Juice Class Action

Tropicana has successfully dodged a class action lawsuit claiming that its orange juice is not “100% pure” as claimed. 

U.S. District Judge William J. Martini decided to throw out the proposed Tropicana class action lawsuit, saying that the labeling on various different products included in the claim were too different, and therefore should be evaluated individually to determine if they were misleading.

According to the judge, these differences were significant enough to prevent the products from being considered together on a class basis.

On his decision to dismiss the Tropicana orange juice labeling class action lawsuit, Judge Martini said “these variations [in the product labels] are the poster child for lack of predominance.”

Judge Martini also took issue with other elements in the Tropicana class action. He said that the proposed Class of consumers did not meet the ascertainability standard, meaning the judge did not believe that it would be possible to determine who had made an orange juice purchase based on the alleged misrepresentation on the Tropicana label.

Angelena Lewis, the plaintiff in the Tropicana juice labeling class action lawsuit, proposed a Class of consumers including those who purchased Tropicana Pure Premium orange juice at Costco Wholesale in California, New York, New Jersey, and Wisconsin between Jan. 1, 2008 and June 22, 2017.

Lewis claimed that the proposed Class did meet the ascertainably standard because Costco Wholesale maintains purchasing data.

Judge Martini stated that although Costco could look-up what customers purchased the orange juice based on the customers’ membership numbers, “there is no evidence in the record that Costco would be able to determine what combinations of these representations, if any, were visible to the reasonable [Tropicana Pure Premium-purchasing] consumer.”

The judge went on to critique the evidence presented by Lewis to support her claims that customers relied on the “pure” labeling to make their purchase decisions.

Lewis had provided an expert testimony from a former U.S. Food and Drug Administration Commissioner who stated that the fact that the orange juice contained additives and not just natural orange juice made the “pure” label misleading to consumers.

The Tropicana class action lawsuit was filed in 2011 over claims that Tropicana violated the Food and Drug Administration’s requirements for a product to be considered a pasteurized orange juice.

Allegedly, the product contained additives that violate the requirements for pasteurized orange juice and are not acknowledged on the product’s “100% pure and natural orange juice” label.

Judge Martini’s dismissal of the Tropicana orange juice false advertising class action lawsuit follows his January 2018 denial of Class certification for the customers.

The customers are represented by Antionio Vozzolo of Vozzolo LLC, James E. Cecchi, Caroline F. Bartlett, Lindsay H. Taylor and Donald A. Ecklund of Carella Byrne Cecchi Holstein Brody & Agnello PC, Stephen A. Weiss and Parvin K. Aminolroaya of Seeger Weiss LLP, and Yitzchak Kopel of Bursor & Fisher PA.

The Tropicana Pure Premium Orange Juice Class Action Lawsuit is In re: Tropicana Orange Juice Marketing and Sales Practices Litigation, Case No. 2:11-cv-07382, in the U.S. District Court for the District of New Jersey.

Read More Lawsuit & Settlement News:

Square Class Action Alleges Misuse of Medical Receipts

Shingles Vaccine: Zostavax vs. Shingrix

Apple Class Action Alleges Antitrust Practices

Can You Die From Black Lung?