![]() “The court grants Kroger’s motion for summary judgment because Kroger Apple Juice’s ‘No Sugar Added’ claim does not violate federal law, and thus, does not violate the UCL, FAL, or CLRA . The FDA letter explained: " For example, juices with no added sugar could substitute for juices with added sugar, fruit-flavored soft drinks sweetened with sugar, or other sugar-sweetened beverages."Īccording to Judge Wright: “ The FDA’s interpretation is clear and consistent with Kroger’s interpretation that Kroger Apple Juice is interchangeable and can substitute for other juices with added sugar, fruit-flavored soft drinks sweetened with sugar, or other sugar-sweetened beverages. ![]() In his Sorder on the case, judge Otis D Wright II said that the FDA rule was ambiguous (and that both Kroger and the plaintiff have made reasonable arguments as to how they interpret it) and deferred to a letter that the FDA had sent to the Center for Science in the Public Interest last year which stated that a substitute product need not be " very similar." So which category is the relevant one here? Just 100% juice products - which don't typically contained added sugar? Or a wider set of juice drinks - which often do? What category are 100% juices competing in? Kroger, however, interpreted the FDA rule differently, and argued that shoppers would compare its 100% juices a wide variety of juice drinks, many of which do contain added sugar. In her lawsuit vs Kroger*– filed in March 2017 - plaintiff Sonia Perez argued that ‘no added sugar’ claims on Kroger’s 100% apple juices were misleading as they implied that 100% juice products typically contained added sugar.Īccording to FDA regulations ( click HERE), argued Perez, even if it is technically true that there is no added sugar in your food or beverage, you can only make ‘no added sugar’ claims on your product if “ the food that it resembles and for which it substitutes normally contains added sugars.”Īs 100% fruit juices do not normally contain added sugars, Kroger is violating federal law and breaching California’s consumer protection laws (which mirror federal law), argued Perez, who also claimed that competitors' 100% juices did not typically make 'no added sugar' claims. Use them in commercial designs under lifetime, perpetual & worldwide rights. Emulsifiers, stabilizers, hydrocolloids Download Cinnamon Sugar Apple Juice stock photos.Chocolate and confectionery ingredients.Carbohydrates and fibers (sugar, starches).Plant-based, alt proteins, precision fermentation.
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