SAN DIEGO (Legal Newsline) – A California woman alleges the makers of Tropicana orange juice fail to disclose the juice contains an artificial flavoring.
Susie Jean Johnson, on behalf of herself and all others similarly situated and the general public, filed a complaint on June 20 in the U.S. District Court for the Southern District of California against Tropicana Manufacturing Co. Inc. and Pepsico Inc., alleging fraud by omission, negligent misrepresentation and other counts.
The suit states the defendants manufacture and sell Tropicana Pure Premium 100 percent orange juice with calcium and vitamin D and that it is labeled as if the juice is flavored with natural ingredients exclusively.
"Defendants intended to give reasonable consumers, like plaintiff Johnson, the impression that the product was all-natural by packaging, labeling and advertising the product in a manner that suggests the product is all-natural," the suit states.
The plaintiff alleges that the defendants, however, used d-1 malic acid, which is a synthetic chemical used in processed foods to create a tangy or tart taste. She alleges that although malic acid is listed on the juice's ingredient list, the defendants failed to include the legally required "artificially flavored" disclosure on the label.
The plaintiff is seeking trial by jury, punitive damages, interest, attorneys’ fees and costs, and other relief deemed fit. The plaintiff is represented by Ronald A. Marron and Michael T. Houchin of the Law Offices of Ronald A Marron in San Diego.
U.S. District Court for the Southern District of California case number 3:19-CV-01164