Naked Juice Urges California Court to Defer to FDA on Use of “No Sugar Added”

Naked Juice, which is owned by PepsiCo (“Naked”), filed a Motion for Summary Judgment in a pair of class action lawsuits that claim its “No Sugar Added” labels on coconut water and orange juice are misleading and deceptive. Naked’s argument is that the U.S. Food and Drug Administration (“FDA”) already cleared use of the “No Sugar Added” statement and the California court should give deference to the FDA’s interpretation of its own regulation.  Naked’s support for this argument is a letter from the FDA to the nonprofit Center for Science in the Public Interest (“CSPI”), which Naked says expressly authorizes 100 percent juice products like its coconut water and orange juice to use the “No Sugar Added” statement. In response, plaintiffs argue that the letter is neither guidance nor an advisory opinion, and therefore, it is inadmissible. They maintain that, in order to meet the criteria…

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