Wal-Mart Seeks to Dismiss Juice Mislabeling Class Action Lawsuit

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Wal-Mart Stores Inc. has filed a motion to dismiss a class action lawsuit that alleges its store-brand Great Value 100% Cranberry Pomegranate Juice contains substantially less juice than advertised on the product label, arguing that the plaintiffs’ claims are preempted by federal law.

Wal-Mart argues that the class action lawsuit is preempted by the federal Food, Drug and Cosmetic Act (FDCA) as modified by the Nutrition Labeling Education Act, which preempts state law claims that would impose food labeling restrictions that are not the same as the requirements of the FDCA.

The Wal-Mart class action lawsuit alleges that the Great Value 100% Cranberry Pomegranate Juice consists predominantly of apple and grape juices, and that the product is misbranded in violation of Florida’s Deceptive and Unfair Trade Practices Act (FDUPTA), Food Safety Act and consumer protection statutes. The plaintiffs assert claims for breach of express warranties, breach of implied warranty and unjust enrichment.

“Even though GV Pomegranate Juice contains very little pomegranate juice, Wal-Mart made a tactical marketing and/or advertising decision to create a deceptive and misleading label with many elements not required by state or federal regulation,” the Wal-Mart class action lawsuit says.

“As a consequence of defendant’s unfair and deceptive practices, plaintiffs and members of the Class have purchased GV Pomegranate Juice under the false impressions that, by drinking defendant’s product, they would enjoy the healthful and nutritional benefits associated with a product they believe at least primarily contains pomegranate juice,” the plaintiffs allege.

According to Wal-Mart’s motion to dismiss the mislabeling class action lawsuit, the pomegranate juice label indicates it is a “flavored juice blend,” which is allowed under the FDCA. Further, the ingredients list clearly indicates that apple and grape juices are included in the product.

“Plaintiffs propose that the court second guess the labeling requirements of the FDCA with new terms, to plaintiffs’ liking,” Wal-Mart says in its motion to dismiss the mislabeling class action lawsuit. “Such forays are preempted, however, where (as here) the label complies with the FDCA’s requirements.”

Wal-Mart argues that the federal regulations require companies to indicate a beverage that contains multiple juices is “flavored” or a “blend” if the product’s name does not identify all of the types of juice included in the drink. “Here, the label complies with the regulation precisely: the label clearly includes the words ‘flavored juice blend,’” Wal-Mart says.

Further, Wal-Mart argues the Great Value Pomegranate Juice label complies with all federal regulations, including the font size. “Plaintiffs nevertheless assert that the juice’s name and label conceal its true composition, making the product ‘misbranded’ and ‘illegal’ under Florida law,” the retailer says in its motion to dismiss the mislabeling class action lawsuit.

The plaintiffs are represented by Tim Howard of Howard & Associates PA.

The Wal-Mart Pomegranate Juice Mislabeling Class Action Lawsuit is Reynolds, et al. v. Wal-Mart Stores Inc., Case No. 4:14-cv-00381, in the U.S. District Court for the Northern District of Florida.