Alabama and Indiana residents have filed a putative class action alleging violation of state consumer protection laws by a company that promotes its orange juice as “not from concentrate juice” and “100% pure Florida squeezed,” when it allegedly “contains orange juice concentrate and water.” Leftwich v. TWS Mktg. Group, Inc., No. 11-01879 (U.S. Dist. Ct., D. Ala., filed June 2, 2011).  

Seeking to certify a nationwide class of consumers, the plaintiffs refer to a Food and Drug Administration letter warning the defendant that its labeling violated the Federal Food, Drug, and Cosmetic Act. The plaintiffs contend that they were misled by the product labeling and that the alleged misrepresentations were a substantial factor in influencing their decisions to purchase the products. They allege a loss of money, because they were “deprived of the benefit of their bargain.”

The plaintiffs allege violations of consumer protection laws, breach of express warranty and unjust enrichment. Claiming damages in excess of $5 million, they seek compensatory, statutory, punitive, or treble damages, as well as disgorgement, injunctive relief, attorney’s fees, and costs.