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Consumers who purchased Dole fruit products that were allegedly misleadingly labeled “all natural” have asked the 9th U.S. Circuit Court of Appeals to revive their class action lawsuit, which had been previously dismissed in 2014.
The Dole class action lawsuit was initially filed by plaintiff Chad Brazil, who alleges Dole’s packaged fruit products that were labeled as “all natural” were actually synthetically enhanced with citric and ascorbic acid and therefore the “all natural” label was improper.
Brazil took issue with the labeling of a variety of Dole products, including Dole Frozen Blueberries, Dole Mixed Fruit in 100% Fruit Juice, Dole Fruit Smoothie Shakers, Dole Mixed Fruit in Cherry Gel, Dole Tropical Fruit in Light Syrup & Passion Fruit Juice, and two types of Dole Frozen Wildly Nutritious Signature Blends.
The court previously certified a Class of consumers who purchased Dole fruit products that were allegedly misbranded as “all natural,” but the damages Class was subsequently decertified when U.S. District Judge Lucy Koh disagreed with the plaintiff’s damages model.
Judge Koh later ruled in favor of Dole, granting summary judgment in the company’s favor on the basis that the “all natural” labels on the fruit products were unlikely to deceive consumers.
Attorneys representing the Class Members disputed Koh’s summary judgment order, arguing that the mislabeling of Dole products as “all natural” violates California law which requires companies to disclose that chemical additives are used as preservatives.
As a result of Dole’s alleged mislabeling, the attorneys argue, California consumers unknowingly broke health and safety regulations that make it illegal to possess food products that have been misbranded.
Reasonable consumers would not elect to purchase the products if they were aware that they could be potentially be penalized with jail time and a $1,000 fine for violating the statute.
Dole, on the other hand, argues that the fruit products weren’t misbranded as “all natural” because citric acid and ascorbic acid are “normally expected” to be included in fruit products, and therefore they fell within U.S. Food and Drug Administration policies covering natural foods.
The appellate court had some questions about this distinction, and pointed out that the FDA had sent letters to producers of canned tomato products warning them that it was necessary to indicate on the canned tomato product labels that they had been enhanced with chemicals, even though those same chemicals were naturally present in tomatoes.
This FDA action suggests that the agency is more concerned with the presence of chemical additives than it is with the fact that the added chemicals match those that are expected to be in the products, the appellate court noted.
The 9th Circuit has not yet issued an opinion regarding the status of the Dole natural class action lawsuit.
Brazil is represented by Pierce Gore of Pratt & Associates, Colin H. Dunn of Clifford Law Offices PC and Charles F. Barrett of Neal & Harwell.
The Dole All Natural Class Action Lawsuit is Chad Brazil v. Dole Packaged Foods LLC, Case No. 14-17480, in the 9th U.S. Circuit Court of Appeals.
UPDATE: On Sept. 30, 2016, plaintiffs in a class action lawsuit alleging Dole misleads consumers by labeling its frozen berry products as “all natural” when they contain synthetic ingredients won in the Ninth Circuit. However, the buyers have more work to do.
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UPDATE: On Sept. 30, 2016, plaintiffs in a class action lawsuit alleging Dole misleads consumers by labeling its frozen berry products as “all natural” when they contain synthetic ingredients won in the Ninth Circuit. However, the buyers have more work to do.