FDA Review of Evaporated Cane Juice Trips Up Class Action Lawsuits

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A recent announcement that the U.S. Food and Drug Administration is reopening comments on the term “evaporated cane juice” may put several class action lawsuits over the food ingredient on ice. At least one judge has postponed a class action lawsuit against Coca-Cola Inc. subsidiary Odwalla Inc., after finding that the plaintiffs’ allegations may not stand in court.

“The FDA’s action clearly indicates that the agency is exercising its authority in this area,” said California judge Yvonne Gonzalez-Rogers in granting in part Odwalla’s motion to dismiss the class action lawsuit by issuing a stay. “Any final pronouncement by the FDA in connection with that process almost certainly would have an effect on the issues in litigation here.”

The Odwall class action lawsuit accuses the juice and bar manufacturer of misleading consumers about the ingredients evaporated cane juice (ECJ), which the plaintiff says is a cleverly disguised term for sugar.

Odwalla is urging the federal judge to dismiss the class action lawsuit based on the fact the use of the term “evaporated cane juice” on product labels is an issue to be taken up with the FDA. The agency has not yet adopted official guidelines for this ingredient, and therefore, has no solid definitions or ground to be used in the plaintiff’s accusations.

The Odwalla juice class action lawsuit was filed by plaintiff Robin Reese after she purchased Odwalla products that listed evaporated cane juice on their labels. Reese claims that she trusted that she was consuming a healthy alternative to sugar due to the term ‘evaporated cane juice’ listed in the ingredients, and did not know that the items had been allegedly misbranded.

Furthermore, she alleges that Odwalla and Coca Cola not only violated the federal Food, Drug and Cosmetics Act (FDCA), but also violated California’s Sherman Law for deceptive marketing practices.

Reese seeks to represent a nationwide class of consumers who purchased Odwalla products that listed evaporated cane juice as an ingredient, leading many to believe that they did not contain sugar.

However, the Odwalla argued that these claims were invalid because the FDA had no official policies on this ingredient, and that the claims should only be based on currently active laws.

However, Reese argues that the FDA and Sherman’s Law has separate statutory and regulatory authority on evaporated cane juice, and that the FDA had sent a letter of criticism to the Odwalla regarding this matter.

According to the FDA, the term ‘evaporated cane juice’ is not the common or usual name of any type of sweetener, including ‘dried cane syrup’.

However, Odwalla disagrees with Reese’s statements, stating that the warning letters were not directed at their use of the term, but rather it was mentioned in passing. Furthermore, these warning letters do not give a formal position of the FDA’s stance on the term, or how it is used in labels.

At this time, the FDA has not taken any action to finalize its recommendations about evaporated cane juice.

Odwalla is trying to dismiss the evaporated cane juice class action lawsuit because they claim that Reese is using a loophole in state law, to try and establish a federal class action lawsuit.

Reese is seeking more than $5 million dollars in damages on behalf the class members.

Judge Gonzalez-Rogers has not made her final decision yet.

FDA Stance will Affect Evaporated Cane Juice Class Action Lawsuits

Over the past few months, several class action lawsuits have been filed against companies accused of using evaporated cane juice in their ingredients list to purposefully deceive consumers about the product’s true sugar content.  Reese’s case has perhaps been the most publicized, and has caused the FDA to reopen comments on its 2009 draft guidance on evaporated cane juice.  Essentially, this class action lawsuit has caused the FDA to review how it defines the ingredient, as well as how it should be used.

According to legal experts, the FDA’s final decision will have the heaviest impact as to whether the allegations made in this evaporated cane juice lawsuit will hold up. However, this decision could take months. Judge Gonzalez-Rogers has called for a status conference on this case for August 2014 in hopes that the FDA will give an update on their progress toward a decision by then.  Until the FDA does make its final decision, class action lawsuits over the term may be dismissed due to the ambiguity of the guideline status.

However, many class action lawyers point out even if the FDA decides on an official guideline, it does not automatically shut the door on evaporated cane juice lawsuits, but rather gives a clear outline of what guidelines to follow.

The Odwalla Class Action Lawsuit is Reese v. Odwalla Inc., et al., Case No. 4:13-cv-00947, in the U.S. District Court of Northern California.

UPDATE: On July 27, 2016, the Odwalla class action lawsuit has been revived after a two-year pause following the FDA’s recent administrative guidance concerning the use of the controversial term “evaporated cane juice” instead of “sugar” on ingredients list. 

UPDATE 2: On Aug. 10, 2016, Odwalla and the Coca-Cola Company asked a judge to dismiss a class action lawsuit accusing them of misleading consumers by listing “evaporated cane juice” as an ingredient instead of sugar.

File an Evaporated Cane Juice Class Action Lawsuit Claim

A class action lawsuit investigation has been launched to find consumers who were deceived by the term “evaporated cane juice” in making their decision to purchase a food product. See if you qualify to participate by submitting your information for a free and confidential case evaluation. Learn more at the Evaporated Cane Juice Deceptive Marketing Class Action Lawsuit Investigation. The attorneys working with Top Class Actions want to hear your story to assist you in gaining the legal representation you deserve. Don’t delay, act today!