SAN FRANCISCO (Legal Newsline) – AriZona and Hornell Brewing have filed a motion to dismiss a proposed class action lawsuit brought by a woman who was surprised their fruit snacks were high in sugar.
Plaintiff Marcia Campbell and her lawyers at Good Gustafson Aumais and The Keeton Firm sued AriZona and Hornell Brewing on May 9 in California federal court. The suit says the companies are trying to market to health-conscious consumers when they package fruit snacks.
At issue are the claims "MADE WITH REAL FRUIT" and "FRUIT IS OUR FIRST INGREDIENT” on Arnold Palmer Half & Half Mixed Flavor fruit snacks and Green Tea Mixed Flavor Fruit Snacks.
The lawsuit is preempted by federal laws that bar cases over images of fruit on labels, the July 22 motion says, and also fails to allege a reasonable consumer would be misled.
“Those labels do not contain any reference to the type of specific quantity of fruit or the non-presence of juice or sugar in the fruit snacks,” the motion says.
“The back portion of that label states that the fruit snacks contain ‘pear juice from fruit juice concentrate.’ Given the claims asserted and the label presented in the complaint, this motion presents a circumstance where the claim of deception can be decided by way of a motion to dismiss.”
The motion says courts reject similar attempts to use images of fruits that describe the product’s flavor as bases for lawsuits, citing a case over strawberry kiwi yogurt.
The suit says consumers would not have bought the snacks if they'd not been misled by the packaging. It seeks certification of a class of nationwide customers, as well as a separate California class.
"The deception lies in the fact that the products are devoid of real fruit," the lawsuit says.
"Rather than containing fruit, the products are packed with sugar. Defendants' products contain sugar levels comparable to candy and none of the vibrantly depicted fruit. Thus, although Defendants market the products as containing real fruit while being healthful and nutritious, they are devoid of the health benefits reasonable consumers associate with consuming real fruit."