A Texas resident has filed a putative nationwide class action against the Naked Juice Co., alleging that its “100% Juice,” “100% Fruit,” “All Natural,” and “non- GMO” beverage products are falsely labeled because they contain synthetic and genetically modified (GM) ingredients. Sandys v. Naked Juice Co., No. 11-08007 (U.S. Dist. Ct., C.D. Cal., filed September 27, 2011). The complaint claims that the defendants concealed the nature, identity and source of their products’ added ingredients, such as vitamins and “natural flavors,” and that the plaintiff paid a premium price for falsely labeled products and ingested substances she did not expect and did not consent to. The plaintiff also contends that some of the product ingredients are harmful to human health and the environment as well as to the workers who produce them.
Alleging numerous violations of state and federal consumer fraud and product warranty laws, negligence and negligent misrepresentation, strict liability, assault and battery, and conspiracy, the plaintiff seeks restitution; disgorgement of profits; compensatory, lost expectancy, emotional distress, and mental anguish damages; medical monitoring; statutory penalties; punitive damages; attorney’s fees; costs; interest; and declaratory and injunctive relief. The plaintiff also requests that the defendants be ordered to immediately recall “any and all units of Falsely Labeled Products.”