Harmless Harvest Class Action Says ‘Raw’ Coconut Water is Mislabeled

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Four coconut water consumers are challenging Harmless Harvest, alleging the company deceptively labels its products as “organic” and “raw.”

Plaintiffs Guoliang Ma, Elizabeth Peguero, Sharon Manier and Kin Fai Lau claim Harmless Harvest knowingly mislabels its products as “100% Organic” when in fact they contain at least some non-organic content.

The plaintiffs also say the product isn’t what a consumer would reasonably consider “raw,” rendering the “100% Raw” indication on the label false and misleading.

According to the class action lawsuit, Harmless Harvest is taking advantage of a heightened demand for products labeled “organic.” The “organic” indication imparts a perception that the product so labeled can promote health, wellness and avoidance of disease, the plaintiffs say.

Similarly, plaintiffs claim there has been increasing demand for fruit and vegetable products that can be considered “raw,” potentially adding to their nutritional value.

“Raw juices are a specific category of fruit and vegetable juices that are extracted in a manner to retain as many nutrients and live enzymes as possible,” the plaintiffs claim. “[M]ore and more consumers specifically seek out and pay the premium for raw juice because of the health benefits that live enzymes, probiotics, nutrients and vitamins offer over conventional, pasteurized products.”

For all these reasons, the plaintiffs say consumers are willing to pay a premium for coconut water that’s labeled “organic” and “raw.” Putting those indications on the labels for Harmless Harvest products allows the defendant to exploit the increased demand, they claim.

But according to the plaintiffs, Harmless Harvest coconut water is neither truly organic nor truly raw. They allege the defendant purchases coconuts from plantations that have no organic certification and from street vendors with an unknown supply source.

The plaintiffs also say that “green-washing” within the coconut supply chain can cause non-organic coconuts to be mislabeled as organic.

Agricultural brokers may fraudulently certify non-organic fruit as organic, the plaintiffs say. Some coconut farmers sign agreements promising to use only organic farming techniques while continuing to use conventional techniques, they claim.

Plaintiffs specifically name four varieties of Harmless Harvest coconut water products that are allegedly mislabeled. These products are Harmless Harvest 100% Raw Coconut Water (later renamed Harmless Coconut Water), Harmless Harvest 100% Raw Coconut Water – Dark Cacao, Harmless Harvest 100% Raw Coconut Water – Cinnamon & Clove, and Harmless Harvest 100% Raw Coconut Water – Fair Trade Coffee.

The plaintiffs are seeking to represent a nationwide plaintiff Class consisting of all persons in the U.S. who purchased Harmless Harvest coconut water products at issue within the applicable limitations period.

Peguero and Lau are proposing to represent a subclass of Class Members from their home state of New York, and Ma and Manier propose to lead a similar California subclass.

They seek an award of damages including statutory damages available under California and New York consumer protection laws. They also seek restitution, disgorgement, and other equitable monetary relief, plus reimbursement of court costs and attorneys’ fees.

The plaintiffs are represented by attorneys C.K. Lee, Anne Seelig, Angela Kwon and Taimur Alamgir of Lee Litigation Group PLLC.

The Harmless Harvest “Raw” Coconut Water Class Action Lawsuit is Guoliang Ma, et al. v. Harmless Harvest Inc., Case No. 2:16-cv-07102, in the U.S. District Court for the Eastern District of New York.

UPDATE: On Dec. 27, 2016, Harmless Harvest agreed to pay $1 million to settle a class action lawsuit alleging deceptive labeling practices.

UPDATE 2: The Harmless Harvest “100% Raw” Coconut Water Class Action Settlement is now open. Click here for more information.