Class Accuses Tropicana of False Advertising

MIAMI (CN) – A class action claims that though the main ingredients of Trop50 Pomegranate Blueberry Juice are “a mixture of cheap apple juice and grape juice concentrates,” Tropicana falsely advertises it as made of “two of nature’s most potent antioxidants, pomegranates and blueberries, [combined] into a single juice product.”




     “Even though the Trop50 Pomegranate Blueberry Juice beverage contains very little pomegranate or blueberry juice, Tropicana made a tactical marketing and/or advertising decision to create a deceptive and misleading label,” named plaintiff Nicole Cruz claims in Miami-Dade County Court. She also sued Publix Super Markets.
     “Tropicana’s Trop50 Pomegranate Blueberry Juice beverage purports to combine two of nature’s most potent antioxidants, pomegranates and blueberries, into a single juice product. However,” the complaint states, “the truth is that the main ingredients in Tropicana’s Trop50 Pomegranate Blueberry Juice beverage are neither purely pomegranate nor blueberry juice, but instead it is a mixture of cheap apple juice and grape juice concentrates with pomegranate juice and blueberry juice concentrates.”
     The complaint adds: “In fact, the product contains very little pomegranate or blueberry juice, a fact which Tropicana knew and purposely failed to disclose to its customers. The product consists primarily of cheap apple and other juices. To date, Tropicana has taken no meaningful steps to clear up consumers’ misconception regarding the product.”
     Pomegranate and blueberry juices have gotten great press lately, as “high in powerful antioxidants,” which supposedly have beneficent health effects.
      “With the nutritional and heath benefits of pomegranate and blueberry juices becoming widely known, consumer demand for pomegranate and blueberry juices has increased rapidly. It was this enormous new market that Tropicana hoped to tap with the sale of its Trop50 Pomegranate Blueberry Juice beverage product,” according to the complaint.
     The class claims the product’s name is deliberately misleading: “Tropicana could have given the product many other names. For example, Tropicana could have named this product ‘Apple Juice’ as apple juice is the primary juice in the product. …
     “Purchasers, like [the] plaintiff, of Trop50 Pomegranate Blueberry Juice beverage are likely to be misled and deceived by the product’s label and to reasonably expect that the juice product actually consists primarily of pomegranate and blueberry juices.”
     Cruz seeks damages for unfair competition, breach of warranty and unjust enrichment.
     Her lead counsel is Marian Rosen of Houston.

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