Santa Cruz Organic Beverage Class Action Lawsuit Put on Ice

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Class action lawyers litigating evaporated cane juice lawsuits are going to be watching the Food and Drug Administration carefully, especially after one case was put on hold pending the federal agency’s request for comment on that ingredient name.

Two California residents had sued Santa Cruz Natural Inc., a beverage maker that produces and sells a wide variety of lemonades, sodas and juices under the brand name Santa Cruz Organic. In the evaporated cane juice class action lawsuit, the plaintiffs alleged that the company should not have listed the ingredient as anything other than sugar or other names for the ingredient that are allowed by the FDA.

More of these evaporated cane juice class action lawsuits come in California than in other states because of the Sherman Act, a statute that allows private citizens to seek a legal remedy based on violations of FDA regulations. However, the growing number of evaporated cane juice class actions recently led to the agency seeking comments on whether it should be added as an acceptable ingredient name.

For that reason, U.S. District Court Judge Susan Illston decided to dismiss the Santa Cruz Organic class action lawsuit without prejudice. That means that the plaintiffs may have a new opportunity to file their lawsuit, but not until the FDA holds its hearing and makes the decision. While the Sherman Act allows for private citizens to begin litigation, it is only based on the laws and regulations promulgated by the federal agency.

The decision could have a significant impact based on the primary jurisdiction doctrine. The reasoning cited in the decision granting the motion for dismissal was that “it would be inappropriate for this court to assume the FDA’s regulatory role.” More than a dozen evaporated cane juice class action lawsuits revolve around the same basic legal theory and current FDA regulations regarding labeling.

The Santa Cruz Organic Beverage Class Action Lawsuit is Mary Swearingen, et al. v. Santa Cruz Natural Inc., Case No. 13-cv-04291, U.S. District Court, Northern District of California.

UPDATE: On July 1, 2014, Judge Illston revived the Santa Cruz organic beverage class action lawsuit, ruling instead to stay the litigation until the FDA can review the term “evaporated cane juice.”