![]() In addition, the plaintiffs state that the ingredient list violates federal and state law because it identifies malic acid only as the generic “malic acid” and not the specific non-generic name of the ingredient. Gross and Levin say that because each Kern’s Nectar juice contains additional flavoring ingredients that simulate the characteristic flavor, the front label of the products is required by law to disclose those additional flavors. The plaintiffs claim that the beverages at issue contain a chemical known as malic acid, which is a synthetic chemical used in products to make manufactured food taste like real fruit. Plaintiffs Warren Gross and Deborah Levin say Kern’s “Guava Nectar,” “Apricot Nectar,” and “Peach Nectar” products are labeled as “100% Natural,” but they contain ingredients that are not natural. Judge Lopez also ruled that Gross’ and Levin’s own stories about the Kern’s Nectar beverage showed that they were not actually deceived by the product’s label representations nor did their survey evidence prove that other customers thought the labels to be misleading.Ī class action lawsuit has been filed against Vilore Foods Company by consumers claiming Kern’s Nectar juices are mislabeled as “100% Natural.”. ![]() District Judge Linda Lopez determined that the plaintiffs, Warren Gross and Deborah Levin, failed to provide “any common evidence” to prove that a class of consumers “would have been deceived by the products’ alleged mislabeling.” A California federal judge declined to certify nationwide and California classes proposed in the class action lawsuit that alleged Kern’s Nectar juice misled customers into thinking they were free of artificial flavors. ![]()
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