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PepsiCo faces US lawsuit over misleading packaging

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PepsiCo faces US lawsuit over misleading packaging

PepsiCo faces US lawsuit over misleading packaging
October 08
08:00 2016

PepsiCo are set to face a lawsuit in the US relating to its marketing of its Naked Juice range. They complainants allege that PepsiCo “misleadingly markets Naked Juice as predominantly containing high-value ingredients such as acai berry and kale, when the predominant ingredient is usually cheap, nutrient-poor apple juice.”

The Center for Science in the Public Interest (CSPI) claims that the drink’s packaging is misleading. They point to Kale Blazer, which features in the Naked Juice range as an example of this. The label features leaves of kale and cucumber slices. The caption reads “Kale is king of the garden” and the label also references the inclusion of cucumber, spinach, celery and ginger. The primary ingredient, however, in Kale Blazer is orange juice, with apple juice the third most common ingredient.

The CSPI says: “Advertisements for the product on social media and elsewhere similarly exaggerate the presence of kale in the product. Outdoor advertising for Kale Blazer has included statements such “have your kale and drink it too”, implying that the product is predominantly, if not exclusively, kale.”

The claimants in the lawsuit allege that, by naming these drinks after a food or ingredient perceived to be highly nutritious, PepsiCo are being “false and misleading because the ingredients do not have the ingredient profile represented.” Instead, say the claimants, the drinks are made up of cheaper and less nutritious ingredients.

For its part, PepsiCo completely refutes the claims. It says: “This is a baseless lawsuit. There is nothing misleading about our Naked Juice products. Every bottle of Naked Juice clearly identifies the fruit and vegetables that are within. For example, the label on our Kale Blazer juice accurately indicates each bottle contains 5 ¾ Kale leaves.”

The CSPI has filed a suit alongside law firm Reese LLP, in the US District Court for the Eastern District of New York this week, ‘on behalf of customers in California and New York’.

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