Ocean Spray Class Action Says CranApple Juice is Artificially Flavored

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UPDATE 5: On Oct. 28, 2020, Top Class Actions viewers started receiving payments from the Ocean Spray class action settlement worth $17.40. Congratulations to everyone who filed a claim and got PAID!

UPDATE 4: February 2020, the Ocean Spray artificial flavors class action settlement is now open. Click here to file a claim. 

UPDATE 3: February 2020, a website has been established that informs Class Members of their rights under an Ocean Spray artificial flavoring class action settlement.

UPDATE 2: On Nov. 8, 2019, Ocean Spray agreed to pay $5.4 million to end claims that its CranApple and CranGrape beverages are falsely advertised as having “no artificial flavors.”

UPDATE: On Nov. 29, 2018, Ocean Spray consumers won partial Class certification in their lawsuit alleging numerous cranberry juice products are mislabeled as having “no artificial flavors.”

Ocean Spray Cranberries Inc. is facing a class action lawsuit alleging it falsely labels and advertises some of its juice products as including “No High Fructose Corn Syrup, Artificial Colors or Flavors” even though they allegedly include artificial flavoring.

Plaintiff Crystal Hilsley alleges Ocean Spray’s CranApple and CranGrape juice products each contain artificial flavoring chemicals that simulate the fruit labels. Hilsley claims Ocean Spray labels the products to give consumers the impression that they are buying an all-natural premium product instead of an inferior artificially flavored product.

According to the CranApple class action lawsuit, Ocean Spray’s CranApple juice contains a chemical ingredient that is allegedly incorrectly identified in the ingredient list as malic acid.

“The ‘malic acid’ that Ocean Spray puts in its Product is not a natural flavoring material; it is a synthetic chemical manufactured in a petrochemical factory from petroleum feedstocks,” the CranApple juice class action lawsuit says.

According to the Ocean Spray class action lawsuit, there is a naturally-occurring compound that is sometimes informally called malic acid, but its scientific name is actually “l-malic acid.” The chemical that Ocean Spray allegedly uses is a synthetic manufactured flavor chemical called “dl-malic acid.”

Hilsley says this mislabeling violates California and federal labeling laws. She claims that, under federal and California labeling regulations, Ocean Spray is required to use the correct and non-generic chemical name of the ingredient instead of simply listing “malic acid” in the ingredients list.

Further, because the CranApple juice contains added flavorings that simulate the characterizing fruit juice flavors, the front label must disclose the presence of those artificial flavors under California law, Hilsley says in the Ocean Spray class action lawsuit.

“The CranApple Product labels do not include any of the required label statements” and therefore violate California law, the Ocean Spray class action lawsuit says.

Hilsley lodges similar allegations about Ocean Spray’s CranGrape juice, which includes a flavoring ingredient identified as “fumaric acid,” which grapes contain. According to the Ocean Spray class action lawsuit, however, the fumaric acid ingredient in the CranGrape product is synthesized from petrochemical feedstocks and cannot be considered a natural ingredient.

Hilsley says she intended to purchase products that did not contain artificial ingredients, and that she was unaware that the CranApple and CranGrape products contained artificial flavors when she purchased them. She says she paid a premium for the misbranded products because she relied on Ocean Spray’s labeling that the products contained no artificial ingredients.

She filed the Ocean Spray class action lawsuit on behalf of herself and a proposed Class of all California citizens who purchased allegedly mislabeled Ocean Spray products since Jan. 1, 2011.

The Ocean Spray class action lawsuit seeks an order requiring the defendants to discontinue selling the allegedly mislabeled products, relabel or recall the deceptively packaged products, and conduct a corrective advertising campaign. Hilsley is seeking restitution, actual damages, punitive damages, attorneys’ fees and costs of suit.

Hilsley is represented by David Elliot of The Elliot Law Firm.

The Ocean Spray CranApple Juice Class Action Lawsuit is Crystal Hilsley v. Ocean Spray Cranberries Inc., et al., Case No. 3:17-cv-02335, in the U.S. District Court for the Southern District of California.