Ocean Spray class action alleges company falsely advertises beverages as containing no preservatives

Ocean Spray class action lawsuit overview:

• Who: Plaintiff Tamara Bullock filed a class action lawsuit against Ocean Spray Cranberries Inc.
• Why: Ocean Spray allegedly misrepresents its juice products as containing no preservatives even though they contain the known preservative ascorbic acid.
• Where: The Ocean Spray class action was filed in Massachusetts federal court.

Ocean Spray Cranberries Inc. allegedly misrepresents its cranberry juice products as having no preservatives even though they contain the common preservative ascorbic acid, according to an Ocean Spray class action lawsuit filed Oct. 27 in Massachusetts federal court.

Plaintiff Tamara Bullock claims Ocean Spray has unjustly profited by labeling its cranberry juice as having “no artificial flavors or preservatives” in order to entice health-conscious consumers to purchase the product.

Plaintiff says she relied on misleading Ocean Spray ‘no preservatives’ representations

Bullock says she relied on Ocean Spray’s representations that the juice contained no preservatives when she purchased Ocean Spray Original Cranberry Juice Cocktail in January 2023. Had she known that the Ocean Spray “no preservatives” representations were false or misleading, she says she would have paid less for it or would not have purchased it at all.

She points to the front label of the cranberry juice product, which states “no artificial flavors or preservatives.” However, the ingredients list reportedly includes “ascorbic acid (vitamin C).”

The class action lawsuit explains that ascorbic acid is a chemically modified form of vitamin C and is commonly used as a preservative in foods.

Ocean Spray class action says FDA designates ascorbic acid as a preservative

Bullock alleges Ocean Spray added ascorbic acid to prevent the “oxidation of color and flavor” in its juice products. She notes that the U.S. Food and Drug Administration has classified ascorbic acid as a preservative and therefore the Ocean Spray “no preservatives” label is false and misleading.

The Ocean Spray class action lawsuit asserts claims for violations of sections of the New York General Business Law, breach of express warranty, unjust enrichment and violation of the Massachusetts Unfair and Deceptive Business Practices Act.

Bullock seeks to represent herself and a proposed class of other U.S. consumers who purchased allegedly mislabeled Ocean Spray “no preservatives” products.

Costco was recently hit with a similar class action lawsuit alleging it falsely advertises cranberry juice as containing no preservatives even though it contains ascorbic acid.

What do you think about the allegations that Ocean Spray’s “no preservatives” claims are false and misleading? Tell us your thoughts in the comments.

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

The Ocean Spray no preservatives class action lawsuit is Tamara Bullock v. Ocean Spray Cranberries Inc., Case No. 1:23-cv-12557, in the U.S. District Court for the District of Massachusetts.

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