'Sugar-Water Masquerading as Fruit Juice': Campbell's V8 Splash Faces Deceptive Marketing Lawsuit
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
April 11, 2024 at 10:18 AM
4 minute read
A consumer class action suit filed in federal court against Campbell's Soup Co. is the latest in a string a lawsuits faced by the corporation, most recently bringing claims of deceptive marketing of its products, including V8 Splash beverages and kettle cooked potato chips.
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
Campbell's Soup was hit with the lawsuit April 8 in U.S. District Court for the District of New Jersey, brought by attorneys with Glancy Prongay & Murray. The complaint, filed in Serrano v. Campbell Soup, alleged that V8 Splash beverages are marketed as healthy but are, instead, "sugar-water masquerading as fruit juice."
In recent months, Campbell's has been hit with a surge of federal lawsuits, including at least four cases filed in California, Illinois and Ohio. Of those, two pursued environmental claims under the Clean Water Act in suits filed by the U.S. Department of Justice and nonprofit organizations accusing the company of discharging grease, ammonia and other pollutants into Lake Erie from a manufacturing plant in Napoleon, Ohio.
In another case filed in U.S. District Court for the District of Northern California, Hussain v. Campbell Soup, the company is accused of falsely marketing Kettle-branded potato chips as "air fried" when they are actually fried in oil. Yet another suit, Z.W. v. Gerber Products, named Campbell's as a defendant in a suit brought in the U.S. District Court for the Northern District of Illinois, on behalf of a minor who allegedly developed autism from exposure to lead, arsenic and mercury in baby food sold by a former Campbell's subsidiary, Plum Organics.
The most recent complaint against the company was filed in New Jersey federal court on behalf of plaintiffs Monic Serrano and Debra Shaw, both California residents. The plaintiffs' counsel, Lee Albert, Marc L. Godino and Keven F. Ruf of Glancy Prongay, did not immediately respond to a request for comment.
Counsel has not yet appeared for the defendant, and a request for comment from Campbell's Soup was not immediately returned.
"These products are marketed to families with children as wholesome, naturally-flavored, healthful fruit-juice beverages for kids," the complaint said. "They are none of those things."
The complaint alleged that rather than wholesome, natural fruit juice beverages, the V8 Splash products are made of water and high fructose corn syrup with artificial flavors to make it taste like fruit juice. It further alleged that none of the products has the federally and state-law mandated labeling disclosing the artificial flavoring.
"Plaintiffs, who purchased the products multiple times and were deceived by defendant's unlawful and misleading labeling and advertising, bring this action on their own behalf and on behalf of those similarly situated, to halt and to remedy defendant's unlawful conduct," the complaint said.
The 10-count complaint alleged violations of the New Jersey Consumer Fraud Act, the California Consumers Legal Remedies Act, the California Unfair Competition Law and the California False Advertising Law. It further alleged breach of express and implied warranties, intentional misrepresentation, fraud by omission and fraud in the inducement.
The lawsuit sought to stop Campbell's from falsely advertising and labeling V8 Splash and to get the company to inform consumers of the product's composition and misbranding. The named plaintiff also sought restitution, actual damages and punitive damages, costs and attorney fees on behalf of themselves and the other class members.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNJ Appellate Division Holds 'Clickwrap' Arbitration Provision Enforceable
5 minute readJudge: Only One Plaintiff for Upcoming Bellwether Trial Over J&J Talc
5 minute readClass-Action Suit Filed Against Jaguar for Claims of Defective Windshields in Land Rover Defender
Are Beach Umbrellas Too Dangerous? The Consumer Protection Safety Commission Weighs In
8 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250