Key Takeaways

• • The suit challenges Capri-Sun’s “All Natural Ingredients” claim as false and misleading given the alleged artificial nature of its citric acid.
  • Core issues are whether a reasonable consumer would be deceived and whether the plaintiff suffered economic loss as a result.
  • Plaintiff seeks to represent a class of all California consumers who purchased Capri-Sun within the statute of limitations.

Hypothetical Consumer Experiences

• • Michelle bought Capri-Sun pouches regularly for her kids’ lunches, relying on the “All Natural Ingredients” label. She was shocked to learn about the alleged artificial citric acid.
  • John chose Capri-Sun over other juice drinks for his family because he thought the “All Natural” claim meant it was free of anything artificial. He felt misled by the labeling.
  • A health-conscious mom picked Capri-Sun as a treat for her daughter, believing it was all natural as the label claimed. She would not have bought it if she knew it contained industrially-produced citric acid.

FAQs

• • Is citric acid a natural ingredient? There’s a difference between citric acid that naturally occurs in citrus fruits vs. manufactured citric acid industrially produced via microbial fermentation, often using synthetic chemicals and genetically engineered mold. The latter is alleged to be artificial.
  • Does the lawsuit mean Capri-Sun is unsafe? No, this case is not about whether the product is safe, only whether labeling it as “All Natural Ingredients” is deceptive to reasonable consumers.
  • What does Kraft Heinz say about the allegations? The company has not yet filed a response in court but will likely defend its labeling and the natural character of its citric acid.

Key Takeaways

• • The plaintiff provides evidence that manufactured citric acid is produced industrially in a process alleged to involve genetic modification of Aspergillus niger and synthetic chemicals.
  • FDA guidance suggests that foods containing manufactured citric acid may not qualify for “natural” labeling, according to some interpretations.
  • The court will consider whether this evidence demonstrates that a reasonable consumer could be misled by the “All Natural Ingredients” claim on Capri-Sun.

Real World Examples

• • The Hirzel Canning Company was warned by the FDA in 2001 that it could not label its canned tomatoes “all natural” because they contained citric acid.
  • A 2018 scientific study found that manufactured citric acid may contain production residues and contaminants from the Aspergillus niger mold that could cause inflammation.

FAQs

• • Is manufactured citric acid molecularly identical to natural citric acid? Yes, but plaintiff argues it’s the industrial production process, not just the end result, that makes it an artificial ingredient. Consumers may not expect genetic engineering or solvent extraction in a natural food.
  • Does all manufactured citric acid come from Aspergillus niger fermentation? The vast majority does as that is the industry standard, but a small portion may derive from other molds or yeasts.
  • Can’t citric acid labels just say “citric acid”? Yes, but this suit alleges that a reasonable consumer would not expect manufactured citric acid in a product affirmatively labeled as having “All Natural Ingredients.”

Key Takeaways

• • The case alleges Kraft Heinz violated California consumer protection laws that prohibit deceptive advertising and unfair business practices.
  • To prevail, plaintiff must show a significant portion of reasonable consumers would likely be deceived about Capri-Sun containing only natural ingredients.
  • If successful, consumers could get back the extra money they paid (restitution) or actual monetary losses from the alleged deception (damages.)

Hypothetical Consumer Experiences

• • Annie purchased Capri-Sun for her kids at a premium price because the “All Natural Ingredients” label made her think it was a healthier choice than other juice drinks. She sued under the CLRA to get the extra money back.
  • Joe bought Capri-Sun regularly, relying on the “All Natural” labeling. When he learned it contained manufactured citric acid, he felt deceived and joined the class action to recover the money he spent based on allegedly false advertising.
  • Sarah chose Capri-Sun over cheaper juice drink options because she believed the prominent “All Natural Ingredients” label was an express guarantee that the product contained nothing artificial. She sued for violation of that warranty promise.

FAQs

• • How does the “reasonable consumer” standard work? Courts consider if a significant portion of ordinary buyers, acting reasonably under the circumstances, would likely be misled – not just any single consumer.
  • What money can deceived consumers recover? Restitution under the UCL and CLRA refunds money obtained from consumers through the alleged unfair practices (e.g., any premium paid). Actual damages compensate for monetary harm directly caused by the alleged deception.
  • What must plaintiff show to win a breach of warranty claim? She needs to prove that the “All Natural Ingredients” label would be understood by a reasonable consumer as a guarantee that Capri-Sun contains only natural ingredients, and that this promise was breached by the presence of artificial citric acid.

Key Takeaways

• • The case could go forward as a class action if the court finds the key issues predominate for the whole class of Capri-Sun buyers.
  • Potential remedies include labeling changes, reimbursement of money paid by misled consumers, and a court order to stop the alleged deceptive practices.
  • The case could resolve in a classwide settlement or go to trial for a verdict on whether reasonable consumers would likely be deceived.

Real World Examples

• • In a 2013 class action settlement, Naked Juice agreed to establish a $9 million fund to reimburse consumers and remove “All Natural” from its labels after plaintiffs alleged the drinks contained artificial ingredients.
  • Kashi settled a 2014 class action by agreeing to pay $5 million and remove “All Natural” and “Nothing Artificial” labels from products containing ingredients challenged as synthetic.

FAQs

• • Will Capri-Sun have to change its labels? If the plaintiff wins or Kraft Heinz settles, the court could order the removal or modification of the “All Natural Ingredients” label. However, it’s important to note that such changes are contingent upon the case’s outcome and the specific relief granted by the court.
  • Can class action settlements get me a refund if I bought Capri-Sun? Yes, typically, if a case settles, a claims process is established to reimburse eligible consumers either in cash or vouchers. However, this would depend on the final terms of any settlement reached.
  • How could I get compensated if not part of the class? Generally, most class actions define the class to include all consumers in a particular area or timeframe. Opting out to pursue an individual claim is possible but often not economically viable unless the individual damages are significant.

Questions: The Allegations

• • 1. What does the Capri-Sun class action lawsuit allege is misleading about the labeling?
    • A) “No Added Sugar” claim
    • B) “All Natural Ingredients” claim
    • C) Fruit images on the package
    • D) Serving size information
  • 2. Which ingredient does plaintiff contend is not natural despite the label claims?
    • A) Sugar
    • B) Water
    • C) Citric acid
    • D) Fruit juice
  • 3. How is the citric acid in Capri-Sun allegedly made?
    • A) Extracting it from citrus fruits
    • B) Fermenting molasses with yeast
    • C) Fermenting sugars with genetically engineered mold
    • D) Deriving it from corn syrup
  • 4. What do plaintiffs allege they relied on when buying Capri-Sun?
    • A) Low price
    • B) Vitamin C content
    • C) TV commercials
    • D) “All Natural Ingredients” label claim
  • 5. What economic injury does the class action allege?
    • A) Consumers paid more than they would have if they knew the truth
    • B) Stores stopped carrying other juice brands
    • C) Kraft Heinz raised Capri-Sun prices
    • D) Capri-Sun drinkers got sick from the ingredients

Answers: The Allegations

• • 1. B) The complaint alleges that the claim “All Natural Ingredients” is false and misleading because the product contains artificial citric acid.
  • 2. C) The plaintiff contends that the citric acid in Capri-Sun is not a natural ingredient despite the label claim.
  • 3. C) The allegedly artificial citric acid is claimed to be made by fermenting sugars with genetically engineered Aspergillus niger mold and processed with synthetic chemicals.
  • 4. D) Plaintiff says she and other consumers relied on the prominent “All Natural Ingredients” claim on the front label when deciding to buy Capri-Sun.
  • 5. A) The economic harm alleged is that consumers paid more for Capri-Sun than they would have if they knew the citric acid was artificial, or would not have bought it at all.

Questions: The Laws & Remedies

• • 1. Which of these California consumer protection laws is NOT cited in the complaint?
    • A) Consumers Legal Remedies Act (CLRA)
    • B) Unfair Competition Law (UCL)
    • C) False Advertising Law (FAL)
    • D) Breach of Express Warranty
  • 2. What is the key standard for deception under the UCL and CLRA?
    • A) If any single consumer was misled
    • B) If a significant portion of reasonable consumers would likely be misled
    • C) If the company intended to deceive
    • D) If the labeling complied with FDA regulations
  • 3. What must be shown for the breach of express warranty claim to succeed?
    • A) That Kraft Heinz had a specific intent to defraud consumers
    • B) That the “All Natural Ingredients” label would be understood by reasonable consumers as a guarantee that was breached
    • C) That Capri-Sun’s citric acid caused personal injuries
    • D) That all Capri-Sun ingredients came from genetically modified organisms
  • 4. What is the key hurdle for the case to proceed as a class action?
    • A) Getting 10,000or more class members to join
    • B) Proving that common legal and factual issues predominate for the class
    • C) Showing that Kraft Heinz has over $10 million in liability
    • D) Certifying that all class members consumed Capri-Sun the same way
  • 5. If successful, what remedies could the class action provide to consumers?
    • A) A court order stopping the allegedly deceptive labeling
    • B) Monetary reimbursement for Capri-Sun purchases
    • C) Required label changes to disclose artificial ingredients
    • D) All of the above

Answers: The Laws & Remedies

• • 1. C) The California False Advertising Law (FAL) is not cited as a cause of action in this particular complaint, though it is sometimes alleged in similar cases.
  • 2. B) Deception under the UCL and CLRA is judged by whether a significant portion of reasonable consumers, not just any one individual, would likely be misled.
  • 3. B) The breach of warranty claim requires showing that reasonable consumers would consider the “All Natural Ingredients” label an express guarantee that was breached by artificial citric acid.
  • 4. B) For a class to be certified, the plaintiff must demonstrate that issues common to the whole class predominate over any individual issues.
  • 5. D) Remedies could include a court order prohibiting the allegedly deceptive labeling, mandatory disclosures of artificial ingredients, and monetary reimbursement to consumers.