Einstein Bros Class Action Lawsuit Says OJ isn’t ‘100% Pure’

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A class action lawsuit filed Tuesday accuses Einstein Bros Bagels of falsely advertising that the orange juice it sells is “100% Pure Squeezed Orange Juice,” when the product is allegedly made from mixing water and concentrate.

Plaintiff Esteban Lesmez alleges in the Einstein Bros class action lawsuit that due to the “misleading statement” of pure and squeezed, the product becomes worthless to a buyer and therefore he “and the class have been economically damaged in the amount of the full retail purchase price [because] a misbranded product has no market value since it is unlawful.”

More specifically, in addition to the above claims, the Einstein Bros class action lawsuit claims that there is a display in stores that includes the phrasing “FRESH-POURED ORANGE JUICE” and showing “freshly sliced oranges.” As a result, the plaintiff and other reasonable consumers are likely to believe that the orange juice was in fact freshly made.

Lesmez’s class action lawsuit is seeking damages on violations of Florida’s Deceptive and Unfair Trade Practices Act, negligent misrepresentation, unjust enrichment, breaches of implied warranty of merchantability and express warranty as well as violations of the Magnusson-Moss Warranty Act.

The false advertising class action lawsuit is one of a growing number of cases seeking to hold eateries and restaurants accountable for their claims. As consumers grow more interested in all-natural foods and ones that contain less sugar and salt, food manufacturers and others have realized that they can tap into that market. Companies have also been accused of using illegal ingredient names, such as evaporated cane juice for sugar.

The plaintiffs are represented by class action attorney Joshua H. Eggnatz of the Eggnatz Law Firm PA.

The Einstein Bros Orange Juice Class Action Lawsuit is Esteban Lesmez v. Einstein Noah Restaurant Group Inc., Case No. 14-cv-61214, in the U.S. District Court for the Southern District of California.