Trader Joe’s Cane Juice Labeling Class Action Awaits FDA Decision

Since 2009, the U.S. Food and Drug Administration has banned a certain name for sugar that has been the subject of substantial litigation. Now that the agency is reviewing its guidelines for food labeling, yet another evaporated cane juice deceptive labeling class action lawsuit has been stayed until the FDA rules on the issue.

According to the original complaint, products like the company’s store brand French Village strawberry nonfat yogurt take advantage of beet juice, which can be used as a preservative, to provide nutritional value and other effects. Yet the class action lawsuit alleges that it is not a natural part of a yogurt product. The other product named is the grocery store’s dark chocolate peanut butter salted caramel truffles which contain tocopherols, naturally occurring substances that are nonetheless artificially added, giving lie to the “all-natural” labels.

More germane to the FDA’s regulations is the claim that the products have used “evaporated cane juice” on ingredient lists although the term has been banned since 2009. As a result, the judge wrote that “Because the FDA appears to be actively considering the lawfulness of the use of the term ‘evaporated cane juice’ on food labels, it makes sense to stay the plaintiffs’ evaporated cane juice claims to see if the agency does, in fact, issue final guidance on the issue. Several other courts in this district have done the same.”

It is unclear whether or not the claims regarding food mislabeling would still survive if the FDA decided to add evaporated cane juice to the acceptable ingredients list as the purchases occurred between 2009 and 2014.

However, U.S. District Judge William H. Orrick had shown the plaintiffs some sign of hope based solely on state law claims, noting that the “plaintiffs have stated plausible allegations that the use of the term ‘evaporated cane juice’ violates the Sherman law,” in a decision denying Trader Joe’s motion to dismiss the class action lawsuit.

The progress of the case will not be held up by the FDA even if it makes no decision, as the judge noted that the issues regarding food labeling are pressing enough that he “will reconsider whether a stay remains appropriate.”

The plaintiffs in the class action lawsuit are represented by Ben F. Pierce Gore of Pratt & Associates, Colin Harvey Dunn of Clifford Law Offices PC and Darren Lee Brown.

The Evaporated Cane Juice Deceptive Labeling Class Action Lawsuit is Amy Gitson, et al. v. Trader Joe’s Co., Case No. 13-cv-01333, in the U.S. District Court for the Northern District of California.