EAST ST. LOUIS, Ill. (Legal Newsline) – Dole says the class action lawsuit against it is “just the latest” from a cottage industry created by lawyers obsessed with labels on food.
The company is fighting a lawsuit filed in May in St. Clair County Circuit and since removed to federal court regarding the juice in its fruit bowls. Those fruits are said to be placed “in 100% fruit juice” but plaintiffs lawyers say the preservatives ascorbic acid and citric acid keep that from being true.
On Aug. 8, the company filed a motion to dismiss the lawsuit, which is at least the third filed by the same lawyers making the same claims (the other two target Del Monte Foods and Mott’s).
“These cases are driven by lawyers, not by what reasonable consumers would find deceptive, and Illinois federal courts regularly dismiss such claims for that reason,” the motion says, pointing to decisions regarding “Golden Butter” crackers and “Strawberry” Pop-Tarts.
The class action mentions nine different fruit bowls, though plaintiff Jamie Jackson only alleged to have purchased one. They include cherry mixed fruit, diced apples and diced pears.
“The label truthfully states that the mixed fruit is ‘in 100% juice’—it does not state that there are no other ingredients in the Products,” the motion says.
“The ‘in 100% fruit juice’ statement distinguishes the product from canned and other packaged fruit products—including other Dole Fruit Bowls®—that contain fruit packed ‘in water’ (with or without added sweeteners), ‘in coconut water,’ ‘in syrup,’ or ‘in gelatin.’”
Lawyers from three firms are pushing the case. They are Nelson & Nelson Attorneys at Law of Belleville, Armstrong Law Firm of St. Louis and Cochran Law of Dallas.
"Plaintiff and reasonable consumers reasonably believe, define and assume that fruit labels 'in 100% fruit juice' is in fact 100% fruit juice and does not contain any added ingredients," the lawsuit says. "Because the fruit contains the added ingredients, the representation that the fruit is 'in 100% fruit juice' is unfair, false, deceptive and misleading."
Representing Dole is Ruben Gonzalez and other lawyers at Faegre Drinker Biddle & Reath.