Out of Juice: Judge Denies Class Cert. in Tropicana False Label Suit

In 2011, plaintiffs launched a putative class action with class members from California, New York, New Jersey, and Wisconsin in a New Jersey district court against Tropicana Products, Inc., a division of PepsiCo, Inc. over Tropicana’s claim that its not-from-concentrate orange juice is “100% pure and natural.” The plaintiffs asserted that Tropicana’s processing methods—which allegedly include pasteurization, deaeration, addition of flavors and aromas, and long-term storage, according to the complaint— should preclude Tropicana from labeling its products as “pure and natural.”  They sued Tropicana for unjust enrichment, breach of express warranty, violation of the New Jersey Consumer Fraud Act, and for injunctive and declaratory relief. However, in January of this year, the judge denied the plaintiffs’ bid for class certification. Although the court found the plaintiffs’ claims satisfied the requirements of…

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