Apple & Eve Class Action: Sparkling Juices’ Label Claims Misleading

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A New Yorker says in a class action lawsuit against Apple & Eve LLC that their Switch Sparkling beverages are falsely advertised as having “No Preservatives” and “No Sugar Added.”

Lead plaintiff Derrick Reaves claims that the Apple & Eve’s Switch Sparkling Juice line contains preservatives, including ascorbic acid and citric acid, despite representations to the contrary.

Further, alleges the Switch Sparkling Juice class action lawsuit, consumers are duped into thinking the drinks are low calorie because of the sugar claims, but they are not.

“Defendant explicitly claims that the Products are a ‘healthy alternative to soda,’ and on that basis Defendant tells consumers to ‘Make The Switch from soda to the great tasting and thirst quenching Switch Sparkling Juice,’” alleges the Switch Sparkling Juice class action lawsuit. “These misrepresentations falsely convey that the beverages are low-calorie drinks.”

According to the Switch Sparkling beverage class action lawsuit, Apple & Eve are attempting to take advantage of health-conscious consumers. The plaintiff says that he and others paid a premium for the beverages based on the alleged false advertising.

“Conscious of consumers’ increased interest in beverages free of additives, growing concern over excessive calories, and willingness to pay more for products perceived to meet these preferences, Defendant misleadingly, illegally, and deceptively seeks to capitalize on these consumer health trends,” contends the Switch Sparkling Juice class action lawsuit.

According to the Apple & Eve class action lawsuit, the beverages that are misleadingly labeled include Switch Kiwi Berry, Switch Black Cherry, Switch Tropical Pineapple, Switch Watermelon Strawberry, Switch Grape, Switch Orange Tangerine, Switch Hardcore Apple, and other Switch Sparkling Juice products.

The plaintiff points out that marketing both on the Switch Sparkling Juice packaging and website declares that the product has “No Sugar Added.”

“The ‘No Sugar Added’ representation misleads consumers into thinking that they are receiving products that are healthier and lower in calories,” contends the Apple & Eve Switch class action lawsuit. “The Products actually have more calories than some of its competitors’ products that contain sugar and do not use the ‘No Sugar Added’ claim.”

In fact, alleges the Switch Sparkling Juice class action lawsuit, the U.S. Food and Drug Administration has similarly concluded that representations that a product contains no added sugar indicates to consumers that the product is low or reduced in calories.

Switch Sparkling Juice “no preservative” claims are problematic as well, according to the class action lawsuit.

The products allegedly contain citric acid and/or ascorbic acid – well-documented preservatives, according to the Apple & Eve class action lawsuit.

However, advertising, again both on Switch Sparkling Juice packaging and website, indicates that the products are preservative free, according to the class action lawsuit.

This is not the first class action lawsuit to hit Apple & Eve over allegedly false advertising. Another New York class action lawsuit alleges that the company’s apple juice is falsely labeled as having no preservatives and no added sugar.

The Switch Sparkling Juice class action lawsuit seeks to represent a nationwide Class of consumers who purchased one or more of the Apple & Eve Switch products, along with a New York subclass.

The plaintiff alleges that, through the marketing of the Switch Sparkling Juice products, Apple & Eve has violated New York consumer protection laws, and has also engaged in fraud.

The lead plaintiff is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Switch Sparkling Juice False Advertising Class Action Lawsuit is Reaves v. Apple & Eve LLC, Case No. 1:18-cv-05728, in the U.S. District Court for the Eastern District of New York.