![]() The Tropicana class action lawsuit was filed in 2011 over claims that Tropicana violated the Food and Drug Administration’s requirements for a product to be considered a pasteurized orange juice. Food and Drug Administration Commissioner who stated that the fact that the orange juice contained additives and not just natural orange juice made the “pure” label misleading to consumers. Case UPC 000-48500-75717-8 Package UPC 0-48500-00176-9 Packaging 24/10 oz. ![]() L ewis had provided an expert testimony from a former U.S. The judge went on to critique the evidence presented by Lewis to support her claims that customers relied on the “pure” labeling to make their purchase decisions. ![]() Judge Martini stated that although Costco could look-up what customers purchased the orange juice based on the customers’ membership numbers, “there is no evidence in the record that Costco would be able to determine what combinations of these representations, if any, were visible to the reasonable consumer.” The label reads Concentrated Orange Juice 19. Read this label of Tropicana 100 orange juice and you will get a fair idea. Lewis claimed that the proposed Class did meet the ascertainably standard because Costco Wholesale maintains purchasing data. Answer (1 of 3): Its a tricky marketing policy that the companies use to lure the customer into believing about the Juices being 100 with orange juice and nothing else. He said that the proposed Class of consumers did not meet the ascertainability standard, meaning the judge did not believe that it would be possible to determine who had made an orange juice purchase based on the alleged misrepresentation on the Tropicana label.Īngelena Lewis, the plaintiff in the Tropicana juice labeling class action lawsuit, proposed a Class of consumers including those who purchased Tropicana Pure Premium orange juice at Costco Wholesale in California, New York, New Jersey, and Wisconsin between Jan. Judge Martini also took issue with other elements in the Tropicana class action. On his decision to dismiss the Tropicana orange juice labeling class action lawsuit, Judge Martini said “these variations are the poster child for lack of predominance.” Martini decided to throw out the proposed Tropicana class action lawsuit, saying that the labeling on various different products included in the claim were too different, and therefore should be evaluated individually to determine if they were misleading.Īccording to the judge, these differences were significant enough to prevent the products from being considered together on a class basis. See the FDA’s Guidance Regulation for more detailed instruction if needed, and communicate with your local health department for final review and approval.U.S. “WARNING: This product is not pasteurized and, therefore may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.” All raw, unpasteurized juice must include this disclaimer, worded exactly as below: Starting next year, cashew juice will go into a mixed fruit juice drink sold in India under the Tropicana label, replacing more expensive juices like apple, pineapple and banana.“This product is produced in a facility that also processes tree nuts.” ![]()
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