Pepsi class action claims company falsely advertises Ceres juice products

Pepsi class action overview: 

• Who: PepsiCo Inc. is facing a class action lawsuit from plaintiff Henry Bell related to its Ceres juice drinks.
• Why: PepsiCo is accused of advertising Ceres as “100% juice” with “no preservatives,” while the drink actually contains ascorbic acid, an artificial Vitamin C that acts as a preservative.
• Where: The Pepsi class action was filed in federal court in New York.

PepsiCo is facing a class action lawsuit that claims it falsely advertises its Ceres fruit juice as “100% juice” with “no preservatives” when the juice actually contains ascorbic acid, an artificial ingredient with vitamin C that acts as a preservative.

Other brands that advertise 100% juice don’t include additives such as ascorbic acid in those drinks, the Pepsi class action claims.

Pepsi is then unjustly enriched by the claims while not actually having juice without preservatives or artificial additives, the lawsuit from plaintiff Henry Bell claims.

“By labeling its products as being made with a “100% Juice Blend” with “No Preservatives,” defendant deceptively attempts to distinguish itself from other fruit juices that do contain additional synthetic preservatives,” the Ceres juice lawsuit claims. “Defendant’s deceptive marketing campaign helped place the products on the front rows of the shelves of grocery stores throughout the country and online marketplaces. As a result, defendant has enjoyed a virtual monopoly.”

Pepsi was also able to get a higher price for the Ceres juice based on its claims, leading to a price premium claim within the Pepsi class action. 

Ascorbic acid used in juices is artificially produced because natural ingredient is cost-prohibitive, lawsuit claims

Most ascorbic acid is artificially produced and manufactured because finding the additive naturally in citrus fruits is “prohibitively expensive,” the lawsuit claims.

Ascorbic acid is defined as a preservative by the U.S. Food and Drug Administration.

Pepsi also is facing a class action lawsuit claiming that the company violated the law by collecting its Illinois-based employees’ voiceprints without their proper consent. 

Have you purchased Ceres fruit drinks from PepsiCo? Let us know in the comments.

The plaintiff is represented by Adrian Gucovschi of Gucovschi Rosenshteyn PLLC.

The Pepsi class action lawsuit is Bell v. PepsiCo Inc., Case No. 7:23-cv-08600, in the U.S. District Court for the Southern District of New York.

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