Naked Juice Class Action Challenges ‘Pressed’ Label Claims

PepsiCo Inc. and Naked Juice Co. face a class action lawsuit alleging they misleadingly market Naked Pressed products as being cold pressed.

Lead plaintiff Josh Davis alleges in his class action lawsuit that Naked Pressed products are marketed as cold pressed juices, appealing to consumers’ preference for less processed products.

However, Pepsi does not use a strict cold press procedure to produce the juices and the resulting product has less nutritional value than an actual cold pressed juice, Davis says.

“Many premium juice products are made through being cold pressed, which has a material bearing on the price and acceptance of the product, because it indicates to consumers that the products are fresh, not processed, its composition has not been modified by subsequent processing or treatment steps and that more nutrients are retained in the final product than if a different production method was applied,” alleges the class action lawsuit.

“To consumers, ‘cold pressed’ refers to the process by which juice is made and describes the attributes and composition of a juice made in this way,” the lawsuit continues.

According to the Naked Juice class action lawsuit, Pepsi starts with a cold press process to produce Naked Pressed juices, but adds treatments and procedures that increase the temperature of the juice and decrease its nutritional value relative to other cold pressed juices.

The Naked Pressed juices include Hearty Greens, Bright Greens, Cool Pineapple, Lively Carrot and Bold Beet. They come in 12 ounce bottles at a price of $4.99 each, says the plaintiff.

Davis alleges in the Naked Juice class action lawsuit that competing products disclose that they use “less desirable” processes to make their juices by including terms like “high pressure processed.” Pepsi, says the plaintiff, uses half-truths to dupe consumers into believing they are getting a strictly cold pressed product. Further, Pepsi sells its Naked Pressed juices at a premium compared to other products manufactured in the same way, the class action lawsuit states.

The plaintiff admits that Pepsi is “not required to disclose that its Products are made through being cold pressed.” “However, given this voluntary disclosure, the statements it does make must be truthful and not misleading. These representations are ‘half-truths’ because they exclusively tout the more desirable, cold pressed aspect of the products and do not disclose, qualify or modify said representations by indicating that after being cold pressed, the Products undergo high pressure processing.”

Davis seeks to represent a nationwide Class of consumers who purchased Naked Pressed products. He alleges that Pepsi’s marketing of the juice as cold pressed is fraudulent misrepresentation and fraud and also violates New York state law.

The plaintiff is seeking an injunction against Pepsi’s marketing of the Naked Pressed line of products, as well as damages and disgorgement of profit from the alleged fraudulent marketing practices.

Davis is represented by Joshua Levin-Epstein and Spencer Sheehan of Levin-Epstein & Associates PC.

The Naked Juice Fraudulent Marketing Class Action Lawsuit is Josh Davis v. Pepsi Co Inc., et al., Case No. 1:17-cv-04551-NG-RLM, in the U.S. District Court for the Eastern District of New York.