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Consumer alleges Kern's beverages fail to disclose artificial flavoring on front label

Lawsuits

By Jenie Mallari-Torres | Oct 8, 2018


LOS ANGELES (Legal Newsline) – A consumer alleges she was deceived by the packaging of a line of fruit-flavored beverages.

Deborah Levin filed a complaint on behalf of herself, all others similarly situated and the general public on Sept. 26 in the U.S. District Court for the Central District of California against Stremick's Heritage Foods alleging violation of the Consumers Legal Remedies Act and other counts.

According to the complaint, the defendant manufactures and sells beverages under the trade name Kern's. She alleges the flavors guava, apricot and peach nectar are falsely advertised in California because the products have artificial flavoring and the defendant did not disclose that information on the front of the label as required by law.

She also alleges that the products' labels "convey to the consumer that these are healthy, natural beverages" when they contain water and high fructose corn syrup with minimal amounts of fruit puree.

The plaintiffs hold Stremick's Heritage Foods responsible because the defendant allegedly actively concealed material facts to induce consumers to buy the products.

The plaintiffs request a trial by jury and seek judgment against defendant, certification of the class action, disgorge any benefits received from misleading labels, restitution, punitive damages, corrective advertising, interest, attorney's fees, costs and further relief as the court may deem just. She is represented by Ronald A. Marron and Michael T. Houchin of Law Offices of Ronald A. Marron in San Diego.

U.S. District Court for the Central District of California case number 8:18-cv-01748

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