Kroger Class Action Takes Issue with ‘No Sugar Added’ Apple Juice

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The Kroger Co. has been hit with a class action lawsuit alleging it misrepresents some of its apple juice products as “no sugar added” even though they fail to comply with requirements set forth by the U.S. Food and Drug Administration and state consumer protection statutes.

Plaintiff Sonia Perez allegedly relied on the “no sugar added” claim on the label of Kroger apple juice when she chose to purchase the product. Perez says she would not have purchased the product if not for the “no sugar added” claim.

However, she says the “no sugar added” claim on the Kroger apple juice label is illegal and deceptive, because apple juice is a type of beverage that normally does not contain added sugar.

According to FDA regulations, including a “no sugar added” label on products that don’t normally contain added sugar, and which don’t substitute for foods that normally contain added sugar, is misleading, the Kroger class action lawsuit alleges.

Perez asserts Kroger included the “no sugar added” label on its apple juice products to capitalize on consumers’ growing effort to reduce the amount of sugar they consume. However, she says that the inclusion of the “no sugar added” claim on the label violated FDA guidelines and consumer protection laws.

“As a result of their reliance on Defendant’s unlawful sugar-content labeling claims, Plaintiff and Class Members have suffered an ascertainable loss of money, including, but not limited to, out of pocket costs incurred in purchasing the Kroger Apple Juice,” the Kroger class action lawsuit states. “Further, as a result of its deceptive marketing and unfair competition with other similar manufacturers and brands, Kroger Apple Juice realized sizeable profits.”

Perez seeks to represent a nationwide Class of consumers who purchased Kroger apple juice products with a “no sugar added” claim on the label or other packaging within the last four years. She also seeks to represent a California subclass.

The products named in the Kroger class action lawsuit include Kroger 100% Apple Juice, Kroger 100% Natural Apple Juice and Simple Truth Organic 100% Apple Juice with the phrase “no sugar added” on its label or outer packaging.

The Kroger apple juice class action lawsuit asserts Kroger violated California consumer protection laws, including the California Consumers Legal Remedies Act. Perez seeks an order enjoining Kroger from engaging in further unfair and deceptive practices regarding the advertising and sale of its apple juice products.

Perez also seeks compensatory, exemplary and statutory damages, disgorgement of ill-gotten profits, attorneys’ fees and costs, pre- and post-judgment interest, and other relief deemed appropriate by the court. She has demanded a jury trial.

Perez is represented by Lee A. Cirsch, Robert K. Friedl and Trisha K. Monesi of Capstone Law APC.

The Kroger Apple Juice Class Action Lawsuit is Sonia Perez v. The Kroger Co., Case No. 2:17-cv-02448, in the U.S. District Court for the Central District of California.