Apple & Eve Class Action Challenges ‘No Sugar Added’ Claims

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Apple & Eve LLC is facing a class action lawsuit challenging its allegedly deceptive practice of advertising and marketing some of its products as having “No Sugar Added” and claiming that “[No] preservatives have been added” to the products.

Plaintiffs Daniela Quiroz and Gilbert Hernandez claim that the “No Sugar Added” representations are misleading because they lead consumers to falsely believe they are getting a low calorie product.

The plaintiffs allege that the preservative-free claims are misleading because the products contain the preservatives citric acid and/or ascorbic acid.

“Defendant’s ‘No Sugar Added’ and ‘[No] preservatives have been added’ labeling deceives consumers into thinking they are receiving a healthier, lower-calorie juice, when they are not,” the Apple & Eve class action lawsuit alleges.

“Conscious of consumers’ increased interest in more nutritious beverages, growing concern over excessive sugar, and consumer willingness to pay more for products perceived to meet these interests, Defendant misleadingly, illegally, and deceptively seeks to capitalize on consumer health trends.”

The Apple & Eve class action lawsuit points to a conclusion reached by the U.S. Food and Drug Administration: “Consumers may reasonably be expected to regard terms that represent that the food contains no sugars or sweeteners e.g., ‘sugar free,’ or ‘no sugar,’ as indicating a product which is low in calories or significantly reduced in calories.”

The plaintiffs also note that the FDA has classified citric acid as a preservative and expressly recognizes ascorbic acid as a preservative.

Quiroz and Hernandez each claim that they purchased Apple & Eve juice products in reliance on the representations made on the products’ packaging. They allege the products did not deliver the qualities promised on the packaging. They maintain they would not have paid as much for the products if they had known they were mislabeled.

According to the Apple & Eve class action lawsuit, the products that are deceptively or misleadingly labeled include:

• Apple & Eve 100% Cranberry Raspberry
• Apple & Eve 100% Very Berry Juice
• Apple & Eve 100% Cranberry Apple Juice
• Apple & Eve 100% Apple Juice
• Any other Apple & Eve juice product that are allegedly mislabeled as having “No Sugar Added” or “[No] preservatives have been added”

Quiroz and Hernandez assert that Apple & Eve’s marketing is deceptive to customers under the consumer protection laws of all 50 states and the District of Columbia. They claim that Apple & Eve knows that its “No Added Sugar” and preservative-free claims are misleading and intends for consumers to rely on the representations.

The Apple & Eve class action lawsuit asserts violations of New York’s Deceptive and Unfair Trade Practices Act, New York’s False Advertising Law, California’s Consumer Legal Remedies Act, California’s Unfair Competition Law, California’s False Advertising Law, and common law fraud.

The plaintiffs filed the Apple & Eve class action lawsuit on behalf of themselves and a proposed nationwide Class of consumers who purchased the allegedly mislabeled Apple & Eve juice products during the applicable statute of limitations period. Quiroz also seeks to represent a New York Class and Hernandez seeks to represent a California Class of consumers who purchased the products during the applicable statute of limitations period.

Quiroz and Hernandez are represented by C.K. Lee and Anne Selig of Lee Litigation Group PLLC.

The Apple & Eve No Sugar Added Juice Class Action Lawsuit is Daniela Quiroz and Gilbert Hernandez v. The Apple & Eve LLC, Case No. 2:18-cv-00401, in the U.S. District Court for the Eastern District of New York.