V8 Splash labels not deceptive, Campbell Soup co. argues

Update: 

• Campbell Soup Co. asked a federal judge in New Jersey to dismiss a class action lawsuit claiming it falsely advertises its V8 Splash beverages as being healthy and naturally flavored. 
• The class action lawsuit claims V8 Splash gets its fruit flavor from the artificial flavoring dl-malic acid, which is not disclosed to consumers as required by law. 
• The company argues the V8 Splash labeling does not state the drink is exclusively naturally flavored or free of artificial flavor ingredients. 
• Campbell also claims the V8 Splash labeling accurately conveys what is in the drink, namely that it is a flavored beverage that contains juice but that is not solely made from juice. 
• The company argues the pair of consumers behind the complaint also lack standing to do so under New Jersey and other states’ laws due as they reside in California and purchased the product in their home state. 

V8 Splash class action lawsuit overview: 

• Who: Plaintiffs Monic Serrano and Debra Shaw filed a V8 Splash class action lawsuit against Campbell Soup Co.
• Why: Serrano and Shaw claim Campbell Soup falsely advertises its V8 Splash beverages as being healthy and naturally flavored. 
• Where: The V8 Splash class action lawsuit was filed in New Jersey federal court. 

(April 28, 2024)

Campbell Soup Co. falsely advertises that its V8 Splash beverages are naturally flavored and healthy for children when, in reality, they “almost entirely” consist of water and high fructose corn syrup, a new V8 Splash class action lawsuit alleges. 

Plaintiffs Monic Serrano and Debra Shaw claim in their V8 Splash sweetener class action that the beverages get their fruit flavor from the artificial flavoring dl-malic acid, something they argue is not disclosed to consumers, as required by law. 

“Defendant violates multiple states’ consumer protection laws by misbranding the Products and by failing to disclose and actively concealing from consumers that the Products contain artificial flavoring in the form of malic acid,” the V8 Splash sweetener class action says. 

Serrano and Shaw want to represent a nationwide class of consumers who bought V8 Splash products on or after Jan. 1, 2016, and a subclass of California residents who purchased the beverages on or after Jan. 1, 2018. 

V8 Splash sweetener class action: Beverages misleadingly labeled

Serrano and Shaw argue V8 Splash beverages are labeled with the names and “photo-realistic images” of fresh fruits and berries in order to make them appear as though they were naturally flavored. 

“The Product labels are designed to lead reasonable consumers to believe the beverages consist of and are flavored solely with natural fruit and fruit juices — or at least contain some fruit juice,” the V8 Splash class action says.

Serrano and Shaw claim Campbell Soup is guilty of fraud by omission, fraudulent inducement, breach of express and implied warranties, negligent and intentional misrepresentation, and of violating state consumer protection, unfair competition, and false advertising statutes. 

The plaintiffs in the V8 Splash sweetener demand a jury trial and request declaratory and injunctive relief and an award of compensatory, exemplary, statutory and punitive damages for themselves and all class members. 

A consumer filed a similar class action lawsuit against Campbell Soup Co. in 2018 over claims the company falsely advertised that its V8 Splash products primarily consisted of juice. 

Have you purchased a V8 Splash beverage? What do you think of the V8 Splash class action? Let us know in the comments.

The plaintiffs are represented by Lee Albert, Marc L. Godino and Keven F. Ruf of Glancy Prongay & Murray LLP. 

The V8 Splash sweetener class action lawsuit is Serrano, et al. v. Campbell Soup Co., Case No. 1:24-cv-04660, in the U.S. District Court for the District of New Jersey.

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