Kern’s Nectar Class Action Says Drinks Are Only 30% Juice

Stremick’s Heritage Foods faces a class action lawsuit from a consumer alleging that Kern’s nectar beverages are wrongfully advertised as healthy and natural.

Plaintiff Deborah Levin alleges in her class action lawsuit against Stremick’s Heritage Foods LLC that the company falsely advertised Kern’s nectar beverages as healthy and natural when the products contain less than 31% juice.

Stremick’s sells a variety of Kern’s nectar beverages in flavor including guava, apricot, and peach. The defendant allegedly advertised their Kern’s nectar as “a healthful, natural juice product made solely from fresh fruits.” However, this portrayal is false according to the class action lawsuit.

Levin claims that Kern’s nectar beverages are almost entirely sugar-water with only a small amount of fruit juice. Seventy percent of Kern’s nectar is water and high fructose corn syrup, states the class action lawsuit, with 30 percent or less of the product made from fruit juice. Levin also claims that the juice content is not enough to flavor the drink, so the products are instead full of artificial flavors and massive amounts of refined sugars.

“The Products’ labels mislead consumers into thinking they are buying a healthful blend of fruit instead of artificially-flavored sugar-water,” the Kern’s Nectar class action lawsuit claims.

According to the class action lawsuit, Stremick’s makes other claims, including that Kern’s nectar products are an “excellent source of vitamin C.” Levin argues that his claim is entirely false and that the products are “not an excellent source of fruits, antioxidants or vitamin C.”

Because of the high amount of refined sugar contained in the products, the products can instead deplete the body of antioxidants and block the body’s absorption of vitamins and minerals, alleges the Kern’s Nectar class action lawsuit. Excess sugar can also damage cells, promote nutrient deficiency, and interfere with a healthy metabolism.

“Defendant misleadingly label the Products as if they contain healthful fruit juices and supply healthful vitamins, when in fact they consist largely of sugar-water, the excess consumption of which interferes with the proper metabolism of those vitamins,” Levin claims.

The class action also takes issue with Stremick’s representations that Kern’s nectar beverages do not contain artificial flavors. In fact, the Kern’s nectar beverages contain d-l malic acid, an artificial form of malic acid which simulates that tart taste of real fruit. Levin claims that the addition of artificial flavorings are not disclosed to consumers.

According to the Kern’s nectar class action lawsuit, Stremick’s actions violate numerous laws including California’s Consumers Legal remedies Act, California’s Unfair Competition Law, California’s False Advertising Law, and other state laws.

Levin seeks to represent a Class of consumers who have purchased Kern’s nectar beverages since Jan. 1, 2012. She also seeks to represent a Class of the same consumers in California who are protected under additional state laws. The Kern’s nectar class action lawsuit seeks restitution, disgorgement, punitive damages, court costs, and attorneys’ fees.

Levin is represented by Ronald A. Marron and Michael T. Houchin of Law Offices of Ronald A. Marron.

The Kern’s Nectar Class Action Lawsuit is Levin v. Stremick’s Heritage Foods, Case No. 8:18-cv-01748, in the United States District Court for the Central District of California.