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Axon v. Citrus World Inc.

Use of 'Natural' in Name Did Not Warrant Absence of Trace Amounts of Herbicide

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Alexandra Axon, on behalf of herself and all others similarly situated, Plaintiffv.Citrus World, Inc. and Florida’s Natural Growers, Inc., Defendants

Opinion & Order On July 20, 2018, Alexandra Axon (“Axon” or “plaintiff”) filed a putative class action complaint against Florida’s Natural Growers, Inc. and its parent company, Citrus World, Inc. (collectively, “Florida’s Natural” or “defendant”). Florida’s Natural sells a variety of orange juice products (“products”) that contain trace amounts of glyphosate, an herbicide used to kill weeds. Plaintiff alleges that the use of the term “natural” in defendant’s brand name is deceptive because glyphosate is not a natural ingredient. Plaintiff brings putative class claims under New York’s consumer protection statute on behalf of herself and other New York purchasers. Plaintiff also brings putative common law class claims under the laws of all states on behalf of herself and a putative nationwide class of purchasers. Before the court is defendant’s motion to dismiss plaintiff’s complaint for lack of subject matter jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(1), and for failure to state a claim, pursuant to Rule 12(b)(6). Because plaintiff fails to assert a plausible claim, defendant’s motion to dismiss under Rule 12(b)(6) is granted.FACTUAL AND PROCEDURAL BACKGROUNDDefendant is a “leading producer of premium orange juice.” See Compl. 15, ECF No. 1. Defendant’s products bear the company’s brand name, “Florida’s Natural.” See id.

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