Chiquita Hit With False Ad Class Action Over Harvesting Practices

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A proposed class action lawsuit was filed against Chiquita Brands International Inc. alleging that the company falsely advertises itself as an environmental steward by hiding harmful harvesting practices from consumers.

Lead plaintiff, Justin Jablonowski, filed this false advertising class action lawsuit in a California federal court.

“Chiquita markets its bananas as though all of them are farmed in an ecologically friendly and otherwise sustainable manner,” the Chiquita banana class action lawsuit alleges. “Each banana has on it a ‘blue sticker’ that, according to Chiquita, indicates that the banana has been produced in compliance with Chiquita’s ‘strict standards’ and is an ‘iconic symbol for high quality fruit. Among Chiquita’s ‘strict standards’ include practices that ‘conserve wildlife habitats, national resources and promote community well being.’”

However, “some of Chiquita’s bananas – including bananas grown in impoverished areas of Guatemala – are produced in a way that destroys natural ecosystems, contaminates the drinking water of local communities, and poisons local residents,” the class action lawsuit contends.

“Chiquita fails to disclose in its marketing materials and at the point of sale that its production methods contaminate water supplies, destroy the crops of local communities, and cause illnesses in children,” he continues.

“Chiquita had a duty to disclose such material information to consumers based on its superior knowledge regarding the plantations on which its banana crops are grown,” the Jablonowski argues in the class action lawsuit. “Lacking such material information, consumers purchased Chiquita bananas when they otherwise would not have.”

The plaintiff alleges that Chiquita’s agricultural methods “contaminate water supplies, destroy wetlands, cause flooding, destroy the crops of local communities, and cause illnesses in children.” But, according to Jablonowski, Chiquita still markets itself as an “exemplary” environmental steward.

“Chiquita knows that a reasonable and ordinary consumer wants to purchase products that come from a harvesting and production process that is environmentally responsible,” Jablonowski alleges Chiquita banana class action lawsuit, pointing to examples of Chiquita’s marketing, including statements by the company’s CEO and Board of Directors that they “strongly support the company’s commitment to high ethical, legal, and environmental standards” and statements on the company’s website about the company’s high environmental standards.

Jablonowski alleges that “Chiquita’s carefully crafted marketing campaign omits any mention of the true conditions under which a substantial portion of its bananas are grown.” The plaintiff alleges that the production company that supplies most Chiquita banana does not follow the environmental practices the company touts on its website and causes the communities surrounding the banana plantation to “suffer from water pollution and airborne exposure to toxic chemicals.”

Jablonowski claims that both he and others purchased Chiquita bananas based on their promises of environmental stewardship. He claims that he “avoids purchasing foodstuffs and other products from companies that destroy clean-water systems in impoverished villages,” and “[i]f [Chiquita’s] website and labeling had not omitted and/or misrepresented the truth about how Chiquita bananas are grown, Plaintiff never would have purchased bananas bearing the Chiquita label.”

The plaintiff argues that Chiquita has violated California state law, committed fraud, and received unjust enrichment. In the Chiquita banana class action lawsuit, the plaintiff asks to represent “[a]ll persons who purchased Chiquita bananas in California.”

The lead plaintiff is represented by Christopher R. Pitoun and Elaine T. Byszewski of Hagens Berman Sobol Shapiro LLP.

The Chiquita Banana False Advertising Class Action Lawsuit is Jablonowski v. Chiquita Brands, Inc., Case No. 15CV262 RBB GPC in United States District Court Southern District of California.