Hansen Fruit Juice False Advertising Class Action Lawsuit

Hansen Fruit Juice False Advertising Class Action Lawsuit

By Anne Bucher

A class action lawsuit has been filed against Monster Beverage Corp., accusing the company of mislabeling its Hansen brand juice products as free of added sugar in violation of state and federal regulations.

In the Hansen juice class action lawsuit, plaintiff Frank Cuzakis alleges that Monster subsidiary Hansen Beverage Co. has wrongly included “No Sugar Added” graphics on the label of Hansen’s pineapple grape juice, apple grape juice, organic apple juice and other beverages made from juice concentrate.

The U.S. Food & Drug Administration (FDA) prohibits companies from using the terms “no added sugar,” “without added sugar” or “no sugar added” when a product contains added sugars, including sugars from concentrated fruit juice. In his class action lawsuit, Cuzakis claims that Hansen improperly labeled its juice products because they contain concentrated juices.

The FDA also prohibits companies from using the “no sugar added” label on high-calorie products, even if no sugar was added during processing, unless the company includes a warning that the product is not a low-calorie product. According to the Hansen juice class action lawsuit, a typical serving of Hansen apple juice contains approximately 120 calories, an amount that is three times the 40-calorie limit for products to qualify as low-calorie. While the Hansen juices contain the “no sugar added” label, they fail to include a warning that the product is not a “calorie reduced” or “low calorie” beverage.

In his class action lawsuit, Cuzakis accuses Hansen of profiting from the public’s desire to cut back on the amount of sugar they consume. In recent years, public awareness of sugar’s detrimental effects on health has increased significantly, causing many consumers to seek out healthier alternatives. Therefore, the public is likely to be persuaded by the prominent “No Sugar Added” label on the Hansen juice products, believing that they are selecting a healthy beverage. The FDA’s regulations are meant to prevent consumers from being misled by such advertising.

Cuzakis argues that the Hansen juice class action lawsuit is not preempted by federal law because it falls under California’s Sherman Law and the state’s consumer protection statutes, which adopt the FDA’s regulations.

Because Cuzakis has diabetes, he seeks out products that are low in sugar. In his class action lawsuit, Cuzakis claims that he regularly purchased Hansen fruit juices because of the “No Sugar Added” label on the packaging. He alleges that he relied on the “No Sugar Added” label when he selected Hansen beverages over other available beverages.

The class action lawsuit accuses Monster and Hansen of negligent misrepresentation, breach of contract and violations of California’s consumer protection laws.

Cuzakis is seeking to represent a class of California consumers who have purchased Hansen fruit juices over the past four years.

The Hansen Juice Class Action Lawsuit case is Frank Cuzakis, et al. v. Hansen Beverage Co., et al., case number BC513620, in the Superior Court of the State of California, County of Los Angeles.

Cuzakis is represented by Jordan L. Lurie, David L. Cheng, Sue J. Kim, Sharon G. Yaacobi and Arvin Ratanavongse of Capstone Law APC.

Updated July 12th, 2013

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