Top Class Actions  |  April 1, 2014

Category: Consumer News

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Lifeway Kefir Yogurt DrinkA class action lawsuit over the ingredient “evaporated cane juice” listed on Lifeway Kefir yogurt drinks is being postponed pending a recent decision by the U.S. Food and Drug Administration to re-examine claims that the term is misleading.

A spate of evaporated cane juice class action lawsuits have hit a federal court in California in recent months, alleging that food and beverage makers are mislabeling this ingredient in a way that violates federal regulations. The class action lawsuits claim that the term “evaporated cane juice” misleads consumers about what the ingredient actually is: sugar.

The federal agency issued a draft guidance in October 2009 saying that the proper term is “dried cane syrup” not “evaporated cane juice” because that gives the impression that it is a juice derived from fruit.

On March 6, the FDA reopened the evaporated cane juice comment period and wants to hear from various parties about how the use of the term “juice” in the commonly used ingredient name for a sweetener is viewed by patrons.

The results of any commentary will be significant. While plaintiffs like Robert Figy, who spearheaded the Lifeway Kefir class action lawsuit, allege that the products are improperly labeled per the FDA’s current list of legal ingredients, the agency is clearly aware of the evaporated cane juice class action lawsuits and ongoing litigation. They will be taking comments until May 5, 2014 regarding the above issues.

Motions submitted by Figy’s class action lawyers and those for Lifeway regarding the firm’s Kefir yogurt drinks will come much earlier.

The company had filed a motion to dismiss the Kefir yogurt drink class action lawsuit, and the hearing on that will now occur on Apr. 14, 2014. In that case, he is alleging Sherman Law violations, a state statute which enables civilians to seek damages based on the lack of value of a mislabeled product that should be illegal for sale.

Figy alleges that evaporated cane juice does not mean sugar to the average consumer, and therefore, the kefir yogurt drinks “contain ingredients not listed on the label and are thus illegal to sell or possess.”

The Kefir Yogurt Drink Class Action Lawsuit is Robert E. Figy v. Lifeway Foods, Inc., Case No. 13-cv-04828, U.S. District Court, Northern District of California.

Join an Evaporated Cane Juice Class Action Lawsuit

Many consumers may have bought products thinking that they were adequately informed of the amount of sugar in a product and been misled by the above claims. Evaporated cane juice class action lawyers are currently investigating the Sherman Law and related claims regarding those Kefir yogurt drinks as well as ZenSoy Soymilk, Zen Pudding, Soy on the Go, Kind Granola, Amy’s Kitchen, and numerous other products.

For the full list and more information visit the Evaporated Cane Juice Deceptive Marketing Class Action Lawsuit Investigation. While there you can fill out provide information for a no-cost case eligibility review. A legal expert will contact you if you have a case. So act now!

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