A consumer has filed a putative class action alleging that Capri Sun®, a
product of Kraft Foods Group, is misleadingly represented as “natural”
because it contains citric acid and “natural flavor.” Osborne v. Kraft
Foods Grp., Inc., No. 15-2653 (N.D. Cal., filed June 12, 2015). The
complaint asserts that citric acid is created synthetically through the
fermentation of glucose, while “natural flavor” is made of “unnatural,
synthetic, artificial and/or genetically modified ingredients,” so neither
ingredient should be part of a “natural”-labeled product. Kraft charged
a premium for Capri Sun® based on that label, the plaintiff argues, and
deceived consumers into relying upon that label misrepresentation when
purchasing. She seeks class certification, an injunction, damages and
attorney’s fees for alleged negligent misrepresentation and violations of
California’s consumer-protection statutes.

 

Issue 570

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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