Capri Sun Class Action Dismissed As Judge Sides With Kraft

Kraft Heinz Food Co. recently dodged a class action lawsuit that claimed Capri Sun’s labeling fraudulently advertises the drinks as being preservative-free when they actually contain citric acid.

U.S. District Judge Charles P. Kocoras recently determined that plaintiffs Katrina Tarzian and Senia Hardwick failed to show that Kraft used an artificial form of citric acid in Capri Sun drinks. Based on this, Judge Kocoras dismissed the claims.

Tarzian and Hardwick filed their class action lawsuit against Kraft in October 2018, over allegations that Capri Sun drinks were wrongfully marketed as containing “no artificial coloring, flavors, or preservatives.”

The plaintiffs say the drinks contain citric acid as an artificial preservative, undermining the advertisement claims.

The Capri Sun class action argued that the plaintiffs and other consumers relied on Kraft’s representations when purchasing the beverages and that they were more likely to purchase Capri Sun products based on the false representations.

“Conscious of consumers’ increased interest in more nutritious beverages free of additives and willingness to pay more for products perceived to meet this preference, Defendant misleadingly, illegally, and deceptively seeks to capitalize on these consumer health trends,” the Capri Sun class action claimed.

The Capri Sun class action stated that around 40 varieties of the beverages contain citric acid, in flavors ranging from Tropical Punch to Grape Blast. The plaintiffs also claim that the Capri Sun Sports line contains two additional preservatives on top of citric acid.

Citric acid is reportedly considered to be a preservative by food experts and the U.S. Food and Drug Administration (FDA). The substance is used to kill microbes, serve as an antioxidant, regulate acidity, and imparts taste.

Tarzian and Hardwick claimed that Kraft used an artificial form of the substance as a preservative which served to lower the pH of the product and fight against microorganisms.

Judge Kocoras rejected this argument on the basis that there are several types of citric acid, only some of which are artificial. In his dismissal, Judge Kocoras noted that the plaintiffs failed to show that Kraft included the artificial form of citric acid derived from an industrial fermentation process.

“Because Plaintiffs’ allegations do not link the allegedly artificial citric acid to the actual citric acid used by Kraft, Plaintiffs have failed to allege sufficient facts showing that Kraft’s ‘no artificial preservatives’ statement was false,” the Capri Sun class action dismissal order states.

Additionally, Judge Kocoras determined that Hardwick doesn’t have the standing to sue under the Illinois Consumer Fraud Act due to being a New York resident. He said that these claims have “limited territorial reach.”

Finally, Judge Kocoras denied the plaintiff claims for injunction. He reasoned that injunction would only be warranted if the plaintiffs are at risk for suffering from the same alleged injury in the future. Because they now know about the citric acid in the beverages, the judge determined that they won’t buy the drink in the future.

Did you purchase Capri Sun drinks based on their preservative-free claims? Let us know in the comments below.

The proposed Classes are represented by C.K. Lee of Lee Litigation Group PLLC.

The Capri Sun Class Action Lawsuit is Tarzian, et al. v. Kraft Heinz Food Co., Case No. 1:18-cv-07148, in the U.S. District Court for the Northern District of Illinois.

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