Costco class action claims retailer falsely advertises cranberry juice as containing no preservatives

Costco cranberry juice class action lawsuit overview: 

• Who: Carlos Colon filed a class action lawsuit against Costco Wholesale Corp. 
• Why: Colon claims Costco misleadingly markets that its Kirkland brand cranberry juice products contain no preservatives, despite them allegedly containing ascorbic acid. 
• Where: The class action lawsuit was filed in Massachusetts federal court. 

Costco labels, advertises and sells Kirkland brand cranberry juice products that are marketed to represent that they do not contain preservatives, despite the products containing ascorbic acid, a well known preservative, a new class action lawsuit alleges. 

Plaintiff Carlos Colon claims Costco’s cranberry juice products, despite containing ascorbic acid, have prominently displayed on their labels that they contain “no artificial colors, flavors or preservatives.” 

Colon argues Costco misleadingly markets its Kirkland cranberry juice products because sales for the products are “driven by health-conscious consumers seeking products that are free from preservatives. 

“As a result of its deceptive conduct, Defendant violates state consumer protection statutes and has been unjustly enriched at the expense of consumers,” the Costco class action states. 

Colon wants to represent a nationwide class and Massachusetts subclass of consumers who have purchased Costco’s Kirkland brand cranberry juice products.

Consumers willing to pay more for products marketed as being free of preservatives, class action says

Colon argues that studies have shown consumers are “willing to purchase and pay a premium for healthy non-preservative food items,” like Costco’s Kirkland cranberry juice products are marketed to be. 

“Defendant’s misleading and deceptive practices proximately caused harm to Plaintiff and the proposed class members who suffered an injury in fact and lost money or property as a result of Defendant’s deceptive conduct,” the Costco class action states.  

Colon claims Costco is guilty of breach of express warranty and unjust enrichment and of violating the Massachusetts Unfair and Deceptive Business Practices Act. 

The plaintiff is demanding a jury trial and requesting injunctive relief, along with an award of compensatory, statutory and punitive damages for himself and all class members. 

In other news involving Costco, Sunnyvale Smoked Meats announced a recall earlier this month for a Kirkland brand half ham product, while Orgain recalled one of its protein powders. Both recalls involved products sold at Costco. 

Have you purchased a Kirkland brand cranberry juice product? Let us know in the comments. 

The plaintiff is represented by Joel D. Smith, Alec M. Leslie and Julian C. Diamond of Bursor & Fisher PA. 

The Costco cranberry juice class action lawsuit is Colon v. Costco Wholesale Corp., Case No. 1:23-cv-12408, in the U.S. District Court for the District of Massachusetts.

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