Kroger Class Action: Are "100% Juice" Fruit Cups Misleading?

Kroger might say the juice it’s fruit cups are made with is 100 percent natural, but according to a new consumer lawsuit the unprocessed truth is much less sweet: the liquid contains volatile compounds, synthetic preservatives, and far less actual juice than advertised.

The Kroger Co. is being accused of falsely advertising its four packs of “Mixed Fruit In 100% Juice” in the lawsuit, with consumers saying the fine print of the ingredients shows a significant percentage of the ingredients in the cups are not juice and after peaches the second highest ingredient is water.

Less Juice, More Junk? Lawsuit Claims Kroger's Fruit Cups Mislead Health-Conscious Consumers

Rauchelle Leyman and Miguel Hernandez filed the proposed class action lawsuit against the company alleging the cups are “adulterated” and the marketing “misleads consumers because a valuable constituent has been in part omitted or abstracted.”

They say that the label “In 100% Juice” appears multiple times on the packaging, along with images that are evocative of fresh, natural fruit. “Plaintiffs did not expect that in addition to peaches, pears, pineapples, and 100% fruit juice, the Product would contain additives, like flavorings, such as captured and/or restored volatile compounds and essential oils, and/or synthetic preservatives,” the lawsuit states.

They accuse the company of using the additives because they cost less than the fresh fruit and 100 percent fruit juice, but, they argue, the trade harms consumers given the quality reduction.

Kroger's Fruit Cups Contain Synthetic Preservatives, Lawsuit Alleges

According to the lawsuit, the fourth and sixth ingredients in the list are juice concentrates, which, when made, loses its volume, fiber, natural fruit flavors, and crucially, heat sensitive nutrients like vitamin B and C, yet it keeps sugar and calories. 

The lawsuit cites Vasanti Malik, a research scientist in the Department of Nutrition at the Harvard T.H. Chan School of Public Health, who says that “people should view fruit concentrate as an added sugar, similar to high-fructose corn syrup.”

Meanwhile, the seventh and eighth ingredients are ascorbic acid and citric acid, which is made synthetically from genetically modified corn. The lawsuit says the use of ascorbic acid and citric acid makes it appear to consumers that the cups contain more peaches, pears, pineapple, and fruit juice than reality, and makes the ingredients appear higher in quality in terms of freshness, taste, and nutritive value. 

Kroger Not The Only Company Under Fire For ‘Natural’ Marketing

As the Kroger fruit cups proposed class action lawsuit points out, consumers are increasingly looking for natural and preservative-free options for food and beverages as more research comes out on the harms synthetic products can cause. As such, companies are jumping on the all-natural bandwagon, but according to consumers some just aren’t putting their money where their mouth is. 

Aldi’s was hit with a very similar lawsuit, where consumers accused the company of adding a blend of undisclosed ingredients including manufactured chemical compounds to its peaches in 100 percent fruit juice. Meanwhile, a class action lawsuit alleges Welch's deceptively markets its Fruit Snacks as "preservative-free" despite containing citric and ascorbic acid.

A lawsuit against Target also accuses the retailer of falsely advertising its Good and Gather pasta sauces brand by adorning the labels with fresh veggies and statements saying they contain no artificial colors, flavors, or preservatives, when in fact the sauces do have artificial preservatives, according to the claims.

In the Kroger fruit cups class action lawsuit, Leyman and Hernandez want to represent California consumers. They are suing for alleged violations of the state’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act, and are seeking injunctive relief, damages, and fees. 

Case Details

• Lawsuit: Leyman v. The Kroger Co.
• Case Number: 3:24-cv-01001-W-VET 
• Court: U.S District Court Southern District of California

Plaintiffs' Attorneys

• Manfred P. Muecke (Manfred APC)