New York, NY: A consumer fraud class action lawsuit has been filed against Wal-Mart Stores Inc. alleging the retail giant misleads consumers by marketing its Great Value brand "100% cranberry pomegranate"juice as being made only of the two fruits when it in fact five fruits go into the juice. Further the lawsuit claims that the product actually contains very little pomegranate.
According to the lawsuit, Wal-Mart markets the juice using a label that emphasizes the wording "cranberry pomegranate", despite the juice containing less pomegranate than "cheap"apple or white grape juice concentrates.
"As a consequence of defendant' unfair and deceptive practices, plaintiffs and members of the class have purchased [Great Value] pomegranate juice under the false impressions that by drinking defendant' product they would be enjoying the healthful and nutritional benefits associated with a product they believe at least primarily contains pomegranate juice,"the complaint states.
The words "cranberry pomegranate"are featured in all capital letters on two separate lines on the label, with the phrase "flavored juice blend"in much smaller type underneath. Below that phrase, still in the small type, are the words "from concentrate with added ingredients,"the complaint alleges.
The lawsuit is seeking certification of a nationwide class of consumers who purchased the cranberry pomegranate juice, and cites violations of Florida consumer protection law and Deceptive and Unfair Trade Practices Act, in addition to breach of express warranty and unjust enrichment.
The suit is Reynolds et al v. Wal-Mart Stores, Inc., case number 4:14-cv-00381, in the U.S. District Court for the Northern District of Florida.
