Tropicana Orange Juice Class Action Lawsuit Survives

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A federal judge has refused to dismiss a class action lawsuit accusing Tropicana Products Inc. of falsely advertising that its orange juice is all natural.

On June 12, U.S. District Judge Dennis M. Cavanaugh partly granted and partially denied Tropicana’s motion to dismiss the class action lawsuit Dennis Lynch v. Tropicana Products Inc., filed last December by seven plaintiffs. The case is one of nearly 20 class action lawsuits pending against Tropicana that claim its “100% Pure” orange juice is heavily processed and flavored.

According to the seven plaintiffs who filed the complaint, Tropicana OJ is anything but “100% pure and natural” because it is “pasteurized, de-aerated, stripped of flavor and aroma, stored for long periods of time before available to the public, and colored and flavored before being packaged,” the class action lawsuit says.

Like many consumers, these  OJ lovers depended on the packaging of Tropicana to make an informed choice. They were looking for pure and natural, and that’s not what they got, according to the class action lawsuit. Even the Tropicana website touts the natural claim, stating it’s made with “16 fresh-picked oranges squeezed into every 59 oz. container.” That may be true, but it certainly doesn’t come without a lot of processing and additions along the way, the plaintiffs say.

These seven plaintiffs are suing for unjust enrichment; breach of express warranty; numerous violations of New York, New Jersey and Wisconsin laws; punitive damages; injunctive relief and declaratory relief, among many other complaints. This class action lawsuit delves deep into what exactly manufacturers and retailers are allowed when it comes to creative freedom and advertising.

The initial oral arguments for the Tropicana orange juice class action lawsuit were held in court on May 14, 2013, where the plaintiffs and defendants debated their very different views on how state labeling requirements impact pasteurized orange juice.

The seven plaintiffs argued that Tropicana embarked on a marketing campaign that included misrepresentation, preying on the knowledge that consumers want natural, fresh things. The judge allowed the unjust enrichment complaint to proceed.

However, the plaintiffs lost some ground when it came to the numerous violations of state laws in this class action lawsuit. Tropicana was quick to point out that there were no complaints filed on behalf of any particular defendant. Certain states require that a specific plaintiff be named, otherwise it’s just a general complaint that won’t hold up. Due to that issue, the judge dismissed the state violation complaints.

As for the breach of express warranty charge, Wisconsin courts have a history of recognizing that, “in certain circumstances, a manufacturer who is not a party to the sales contract may be held liable for a breach of express warranty, under the theory that a unilateral contract arose between the ultimate purchases and manufacturer.” Since the plaintiffs claim there was a relationship between themselves and Tropicana the manufacturer (not Tropicana the retailer), the judge has allowed the claim to survive this stage of the class action lawsuit.

The punitive damages claim in Wisconsin was also dismissed. The plaintiffs argued that Tropicana has “intentionally pursued and continues to pursue a fraudulent course of action intended to profit at the expense of consumers.” Since the only basis for this argument is the fraud claims, the judge ruled that punitive damages aren’t appropriate in this instance of the Tropicana class action lawsuit.

Thing went better for the plaintiffs under New Jersey law. In this state, a plaintiff isn’t required to “prove actual out-of-pocket loss in order to successfully state a claim.” Fraud is partially defined as a consumer getting less than what was promised, and a price premium payment may be enough to take care of the injury requirement of the class action lawsuit.

The Tropicana Orange Juice Class Action Lawsuit case is Dennis Lynch v. Tropicana Products Inc., Case No. 11-cv-07382, in the U.S. District Court for the District of New Jersey.

The plaintiffs are represented by Carella Byrne Cecchi Olstein Brody & Agnello, Seeger Weiss LLP, Complex Litigation Group LLC, Bursor & Fisher PA, Faruqi & Faruqi LLP, Reese Richman LLP and Ademi & O’Reilly LLP.

UPDATE: On May 13, 2016, the plaintiffs are seeking class certification of a lawsuit filed against the fruit-based beverage maker over claims that the company falsely advertises the product as 100% pure and natural.

UPDATE 2: On Sept. 9, 2016, Tropicana buyers who say the juice maker falsely advertises its products as “pure and natural” urged a federal judge to reject a bid for dismissal, asserting that a recent Third Court precedential opinion has no bearing on this case.

UPDATE 3: On June 19, 2019, Tropicana successfully dodged a class action lawsuit claiming that its orange juice is not “100% pure” as claimed.