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Last week, Odwalla Inc. and the Coca-Cola Company asked a judge to dismiss a class action lawsuit accusing them of misleading consumers by listing “evaporated cane juice” as an ingredient instead of sugar.
The companies argue that federal law did not prohibit the use of the term “evaporated cane juice” when the Odwalla class action lawsuit was initially filed.
Further, they argue that they no longer list evaporated cane juice as an ingredient on any of its products, so the claim for injunctive relief is moot.
The Odwalla class action lawsuit was initially filed by plaintiff Robin Reese in March 2013.
She asserts that the use of the term “evaporated cane juice” caused certain Odwalla products to be “misbranded” in violation of the Food, Drug and Cosmetics Act and California’s Sherman Law.
In support of her claim, she pointed to the U.S. Food and Drug Administration’s 2009 draft guidelines regarding the unlawful use of the term “evaporated cane juice” on product labels.
Odwalla sought to dismiss the evaporated cane juice class action lawsuit, claiming that it could not be held liable for using the “evaporated cane juice” term on its product labels because the guidelines had not yet been adopted.
The judge agreed to dismiss the case on primary jurisdiction grounds, but because the law concerning the use of the term “evaporated cane juice” remained unsettled, the Odwalla class action lawsuit was stayed pending the outcome of the FDA’s regulatory process.
In May 2016, the FDA completed the regulatory process and concluded that the term “evaporated cane juice” would not be considered “an appropriate common and usual name under federal law,” according to Odwalla’s motion supporting the dismissal of the mislabeling class action lawsuit.
The agency advised companies to identify the ingredient with a different name.
“The Court lifted the stay in July 2016 at the request of both parties, and Plaintiff’s Complaint is now ripe for dismissal,” Odwalla argues in its motion supporting dismissal of the evaporated cane juice class action lawsuit. “The Court has already found that when Plaintiff purchased Odwalla products labeled with ECJ, the requirements of federal law were unsettled, and that FDA’s 2009 Draft Guidance was non-binding and not legally enforceable.”
The evaporated cane juice class action lawsuit should be dismissed, Odwalla argues, because it will not bring the label back and therefore Reese and other consumers are at no risk of future harm. Odwalla urged the judge to dismiss the case in its entirety with prejudice.
According to court documents, a hearing for the Odwalla evaporated cane juice class action lawsuit has been scheduled on Sept. 27, 2016.
Reese is represented by Ben F. Pierce Gore of Pratt & Associates and Keith M. Fleischman, Bradley F. Silverman and Joshua D. Glatter of the Fleischman Law Firm.
The Odwalla Evaporated Cane Juice Class Action Lawsuit is Reese v. Odwalla Inc., et al., Case No. 4:13-cv-00947, in the U.S. District Court for the Northern District of California.
UPDATE: On Sept. 16, 2016, Reese responded to the company’s motion for dismissal, reiterating her argument that the company shouldn’t use the term “evaporated cane juice” to describe what should be properly called “sugar.”
UPDATE 2: On Feb. 13, 2017, this Odwalla class action lawsuit will continue, following a federal judge’s denial of the company’s motion to dismiss.
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2 thoughts onOdwalla Says ‘Cane Juice’ Class Action Lawsuit Should Be Dismissed
UPDATE 2: On Feb. 13, 2017, this Odwalla class action lawsuit will continue, following a federal judge’s denial of the company’s motion to dismiss.
UPDATE: On Sept. 16, 2016, Reese responded to the company’s motion for dismissal, reiterating her argument that the company shouldn’t use the term “evaporated cane juice” to describe what should be properly called “sugar.”