C&H Organic Agave Nectar Falsely Advertised, Class Action Says

American Sugar Refining Inc. misrepresents the qualities of so-called “organic” agave syrup it sells throughout the United States under the brand names C&H, Domino and Florida Crystals, according to a class action lawsuit.

Plaintiff Teresa Valdes alleges the products list “Organic Agave Nectar” as the sole ingredient and include a USDA Organic label. The agave syrup product labels do not disclose that the products are adulterated with non-natural and non-organic ingredients, according to the organic agave syrup class action lawsuit.

Valdes claims her testing of the products showed that they contained isomaltose, which is not naturally found in pure agave syrup. According to the agave syrup class action lawsuit, isomaltose is commonly found in non-natural, non-organic sweeteners such as high fructose corn syrup.

The organic agave syrup class action lawsuit asserts that consumers choose to purchase agave syrup with the “organic” label because they believe they are receiving a product that is free of non-natural, non-organic ingredients. Valdes says the “organic” label on American Sugar Refining’s products are false and misleading because the products are adulterated with non-organic ingredients.

According to the organic agave class action lawsuit, Valdes purchased C&H Agave from Amazon.com earlier this year. She claims she made the purchase in reliance on American Sugar Refining’s claims that the product contained only agave syrup, and that the product was organic.

“Plaintiff would not have purchased the Product had she known it was adulterated with foreign, synthetic sweeteners that are not normally present in true agave syrup, or had she known the Product was not ‘Organic,’” Valdes says in the agave syrup class action lawsuit.

To make agave nectar, sap is reportedly extracted from the agave piña, the raw material for agave syrup. The sap is then filtered and heated to break down the carbohydrates into sugar, the agave nectar class action lawsuit says.

However, a sharp increase in the price for agave piña has caused an increase in the manufacturing costs for agave syrup, which has subsequently led to the adulteration of agave syrups by blending the syrup with cheaper sugar sources, the agave syrup class action lawsuit says.

These cheaper sugar sources have a significantly higher glycemic index than agave syrup, which affects consumers who choose to consume agave nectar as a sweetener that does not cause blood sugar to spike in the manner as high fructose corn syrup and other sweeteners.

According to the organic agave nectar class action lawsuit, American Sugar Refining’s agave nectar products do not meet the minimum requirements under the federal Food, Drug and Cosmetics Act to include the USDA Organic seal and other organic claims.

Valdes asserts claims against American Sugar Refining for breach of express warranty, violations of the consumer protection statutes of all 50 states, violation of certain provisions under New York General Business Law, and unjust enrichment.

The plaintiff is represented by Melissa S. Weiner and Amy E. Boyle of Halunen Law; Michael R. Reese and George V. Granade of Reese LLP; and Jason P. Sultzer, Joseph Lipari and Adam Gonnelli of The Sultzer Law Group PC.

The C&H Organic Agave Nectar Class Action Lawsuit is Teresa Valdes v. American Sugar Refining Inc., Case No. 1:17-cv-05213, in the U.S. District Court for the Eastern District of New York.