Judge Dismisses Kashi Cane Juice Misbranding Class Action Lawsuit

A proposed cane juice misbranding class action lawsuit filed against snack maker Kashi Co. was dismissed earlier this week by California federal judge based on the U.S. Food and Drug Administration’s recent decision to revist how the term “evaporated cane juice” is defined.

U.S. District Judge Janis L. Sammartino ruled in favor of Kashi’s motion to dismiss the class action lawsuit based on the court’s recognition that the definition of “evaporated cane juice” as term used to describe sugar-cane derived sweeteners originally set forth in FDA’s October 2009 guide is non-binding and currently under reconsideration by the FDA.

California resident Nadine Saubers originally filed this Kashi misbranding class action lawsuit in her state’s federal court in April 2013, alleging that the snack company, knowing of their target customers’ demand for natural, healthy foods, purposefully misbranded the sugar cane sweetener as “evaporated cane juice” to allegedly mislead health-conscious consumers.

According to the Kashi cane juice class action lawsuit, Sauber claims, “Nearly all of Kashi’s products’ labels list ‘evaporated cane juice’ as an ingredient despite the fact that the FDA has specifically warned companies not to use the term because it is ‘false and misleading,’ is not ‘the common or usual name of any type of sweetener,’ and the ingredient is not, in fact, juice[.]”

However, Judge Sammartino dismissed Saubers’ class action lawsuit claim invoking the FDA’s informal guide without prejudice, stating:

“Plaintiffs’ argument lacks merit, however, because, unlike the FDA’s vague statements regarding a possible review of general nutrition labeling requirements that were discussed in Gustavson, the FDA’s March 5, 2014 notice in the Federal Register indicates that the agency is specifically reconsidering whether ‘evaporated cane juice’ is a common or usual name for sweeteners derived from sugar cane syrup and that it has ‘not reached a final decision’ on the question—the very issue at stake in this litigation.”

Judge Sammartino’s decision on the Kashi cane juice misbranding class action lawsuit comes on the heels of another class action lawsuit filed against the snack manufacturer also in the state of California. In this case, Kashi faced allegations of falsely advertising its products as all-natural and agreed upon a class action settlement of $5 million. This is considered the largest settlement of its type in the a single state.

Sauber had filed the Kashi misbranding class action lawsuit in order to represent herself and a Class of U.S. consumers who purchased an allegedly misbranded Kashi product beginning in Oct. 1, 2009. The class action lawsuit would also represent a subclass of consumers specifically residing in California.

Nadine Saubers and the proposed Class are represented by Jennifer Sarnelli of Notis LLP, and Daniel J. Mogin and Jodie M. Williams of the Mogin Law Firm PC.

The Kashi Cane Juice Misbranding Class Action Lawsuit is Nadine Saubers, et al. v. Kashi Co., Case No. 3:13-cv-00899, in the U.S. District Court for the Southern District of California.