SAN JOSE, Calif. (Legal Newsline) – A California consumer is challenging the "natural" claims on certain Mott's applesauce and apple juice products.
Hawyuan Yu, on behalf of himself and all others similarly situated, filed a complaint on Nov. 1 in the U.S. District Court for the Northern District of California, San Jose Division against Dr. Pepper Snapple Group Inc. and Mott's LLP alleging violation of the California Consumers Legal Remedies Act and other counts.
According to the complaint, the defendants sell certain varieties of applesauce and apple juice products with representations the products are natural or have all-natural ingredients. The plaintiff alleges these representations are false as the products contain acetamiprid, a synthetic neonicotinoid insecticidal neurotoxin.
The suit states acetamiprid is "'legal' in connection with food products, insofar as the law does not preclude the use of acetamiprid in treating and harvesting crops and has made allowances for certain amounts of residues to remain on fruits and vegetables before they are delivered to the end user to be cleaned and consumed."
The plaintiff holds Dr. Pepper Snapple Group Inc. and Mott's LLP responsible because the defendants allegedly falsely represented to plaintiff that the products are made of “all natural ingredients” and/or are "natural."
The plaintiff requests a trial by jury and seeks judgment for monetary and punitive damages, injunctive relief, award of costs, expenses of suit, and any further relief that the court may deem appropriate. The plaintiff is represented by Jaime Mak and Clark A. Binkley of Richman Law Group in San Francisco.
U.S. District Court for the Northern District of California, San Jose Division case number 5:18-cv-06664-NC