Christina Spicer  |  November 1, 2018

Category: Consumer News

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UPDATE 5: On Oct. 28, 2020, Top Class Actions viewers started receiving payments from the Ocean Spray class action settlement worth $17.40. Congratulations to everyone who filed a claim and got PAID!

UPDATE 4: February 2020, the Ocean Spray artificial flavors class action settlement is now open. Click here to file a claim. 

UPDATE 3: February 2020, a website has been established that informs Class Members of their rights under an Ocean Spray artificial flavoring class action settlement.

UPDATE 2: On Nov. 8, 2019, Ocean Spray agreed to pay $5.4 million to end claims that its CranApple and CranGrape beverages are falsely advertised as having “no artificial flavors.”

UPDATE: On Nov. 29, 2018, Ocean Spray consumers won partial Class certification in their lawsuit alleging numerous cranberry juice products are mislabeled as having “no artificial flavors.”


Ocean Spray was unable to dodge class action lawsuit allegations that it falsely advertises certain juice products as being free of artificial flavors.

Lead plaintiff Crystal Hilsley alleged in the Ocean Spray CranApple juice class action lawsuit that despite containing known artificial flavors – malic acid and fumaric acid – the juices are labeled as containing “No High Fructose Corn Syrup, Artificial Colors or Flavors.”

Ocean Spray argued that the class action lawsuit should be dismissed because the ingredients at issue are not listed as artificial flavors by the U.S. Food and Drug Administration.

U.S. District Court Judge Gonzalo P. Curiel rejected Ocean Spray’s argument, pointing out that “the lists are not exhaustive…simply because malic and fumaric acids are not on the FDA lists does not mean that the FDA has determined they are not artificial flavors.”

Another tactic Ocean Spray tried in an attempt to dodge the class action lawsuit was to argue that they used malic and fumaric acids as a way to balance pH and acidity levels and not as a flavoring. In response, the plaintiffs pointed to their own expert testimony stating that malic acid is used as a flavor enhancer.

“Because there is only a small quantity of synthetic malic acid in the CranApple juice drink, [the plaintiff’s expert] opines it would not significantly lower the pH of the juice drink but instead would function as a flavor and flavor enhancer,” stated the judge in the order upholding Ocean Spray class action lawsuit claims. “He also opines that fumaric acid similarly functions as a flavoring agent to reinforce certain fruit flavors as well as affect pH.”

According to the Ocean Spray CranApple juice class action lawsuit, the beverage maker deliberately misrepresents the inclusion of malic acid and fumaric acid in various types of its juice products.

The plaintiff alleged that while malic acid can refer to a compound found naturally in fruits and vegetables, the compound used in Ocean Spray juices is produced synthetically.

Additionally, fumaric acid, according to the Ocean Spray cranberry juice class action lawsuit, is used to simulate a grape flavor in Ocean Spray juices.

“Both malic and fumaric acids are essentially odorless and have no distinctive flavor, which again sets them distinctly apart from other ingredients added for flavor,” points out Judge Curiel in the order upholding the Ocean Spray class action claims.

“However, at some level, a consumer could perceive a difference if there was more acidulants than in a sample with less acidulants. A consumer could describe that sensory difference as a difference in ‘taste,’ but the flavor components would be unchanged between the two samples.”

Ultimately, notes the judge, even Ocean Spray admitted that “a determination on whether malic acid acts as an ‘artificial flavor’ is a product depends on the manufacturer’s use of it,” leaving it a question of fact for a jury to decide.

Hilsley is represented by Ron Marron and Michael Houchin of The Law Offices of Ronald A. Marron and David Elliot of The Elliot Law Firm.

The Ocean Spray CranApple Juice Class Action Lawsuit is Crystal Hilsley v. Ocean Spray Cranberries Inc., et al., Case No. 3:17-cv-02335, in the U.S. District Court for the Southern District of California.

 

 

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549 thoughts onOcean Spray Must Face ‘No Artificial Flavors’ Class Action Lawsuit

  1. Janna L Davis says:

    Add me

  2. Deborah Wallech says:

    Add me

  3. Kasandra Adams says:

    I have used Ocean Spray! I would like to be included in this class action!

  4. Gary Ippolito says:

    Hello, I have had 2 kidney surgerys, theses drink are what the Drs told me to drink everyday..I have been doing this everyday for 40 years..I would think I would be a great candidate for this lawsuit…So add me to the suit also Gary Ippolito…..gippy29@aol.com

  5. Karen Armer says:

    I drink once a day at least! Add me!

  6. Michael Kanthal says:

    I drink crab-mango so I am in

  7. Patricia tredway says:

    I drink drink cranapple always add me

  8. Charles tredway jr says:

    Add me use cran grape all the time

  9. Mary Pickens says:

    Ok 10 cases a month @36 bottles per case that’s 360 bottles a month and 4,320 bottles a year of cran apple and cran grape juices please add me

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