Odwalla Class Action Challenges ‘No Added Sugar’ Juice Label

Coca-Cola owned fruit juice brand, Odwalla Inc., faces a putative class action lawsuit in a California state court for adding a “No Added Sugar” label on several of its juice products.

Plaintiff Stephen Wilson says the label claims on Odwalla juice “are in violation of FDA and state regulations because Odwalla Juice does not resemble and substitute for a good that normally contains added sugars.”

The 100 percent fruit juices are already products that do not normally contain added sugars, and so, there is no legitimacy to the “No Added Sugar” label.

The Odwalla class action lawsuit claims that the beverage company failed to comply with requirements set forth by the FDA and the Food, Drug, and Cosmetics Act of 1938 for when such labels can be used.

According to these regulations and FDA requirements, the use of a “No Added Sugar” label is prohibited unless the product meets the following criteria:

• No amount of sugar is added during processing and packaging
• An ingredient containing added sugars such as jelly or jam is not added to the product
• The amount of sugar has not been increased by the amount present in the ingredients
• The food that it resembles already contains added sugars
• The product does not bear a statement that it is “low calorie” or “calorie reduced” unless it meets those specific requirements

Wilson says he filed this suit amid a heightened awareness and sensitivity to the obesity epidemic and the harmful effects of sugar. In the United States, more than one-third of adults are obese, and this epidemic has been partly fueled by the increased consumption of food high in sugar. The lawsuit claims that a variety of health problems have been linked to increased sugar consumption and obesity such as diabetes, tooth decay and heart disease.

Because of the illegitimacy in the “No Added Sugar” label and because of its deceptive marketing claims, the defendant not only realized sizable profits but benefited in unfair competition with other similar manufacturers, the lawsuit states.

Wilson claims that Odwalla intentionally and knowingly misrepresented material facts and the addition of the “No Added Sugar” label constitutes a fraudulent act as consumers rely on the representations made by these manufacturers to determine whether to purchase the product.

Shoppers consider such material facts important information in their purchasing decisions, and as such, Odwalla’s non-compliant sugar content labeling poses a risk to the deception regulations were adamant in protecting consumers against, the lawsuit states.

Wilson files this putative class action lawsuit on behalf of himself and on behalf of the nationwide Class who purchased an Odwalla juice with a “No Sugar Added” label claim in the past four years.

According to the class action, Odwalla’s acts, practices, and conducts are in violation of: 1) California’s Legal Remedies Act, 2) California’s False Advertising Law, 3) California’s Sherman Law, and finally the 4) Federal Food, Drug, and Cosmetic Act.

Wilson is represented by Lee A. Cirsch, Robert K. Friedl, and Trisha K. Monesi of the Capstone Law APC

The Odwalla “No Sugar Added” Class Action Lawsuit is Stephen Wilson v. Odwalla Inc., Case BC653235, in the Superior Court of the State of California for the County of Los Angeles.

UPDATE: On June 28, 2017, Coca-Cola lost its bid to dismiss a class action lawsuit alleging it deceptively labels Odwalla juices as “no sugar added” when it could not show that fruit juice generally contains added sugar.

UPDATE 2: On Feb. 28, 2018, a consumer is seeking Class certification for a lawsuit alleging that Odwalla Inc.’s “no added sugar” label on its fruit juice is misleading.