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KROGER CO: Sued in Cal. Over Kroger Apple Juice Misrepresentation

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SONIA PEREZ, individually, and on behalf of a class of similarly situated individuals, the Plaintiff, v. THE KROGER CO., an Ohio corporation; and DOES 1-10, inclusive, Case No. BC650000 (Cal. Super. Ct., Feb. 9, 2017), seeks reimbursement for having paid for Kroger Apple Juice in reliance on Defendants’ misrepresentations; and for order enjoining Defendants from further unfair and deceptive business practices regarding the deceptive advertising, sales, and other business practices relating to the Kroger Apple Juice products.

The action arises out of the unlawful “No Sugar Added” statements placed by Defendants on the labels and outer packaging of its Kroger Apple Juice. The Food and Drug Administration (“FDA”) regulations promulgated pursuant to the Food, Drug, and Cosmetics Act of 1938 (“FDCA”) specify the precise nutrient content claims concerning sugar that may be made on a food label. Defendants’ “No Sugar Added” claims on its Kroger Apple Juice containers fail to comply with these requirements. As a result, Defendants have violated California’s Sherman Law and consumer protection statutes, which wholly adopt the federal requirements.

The Kroger Company, or simply Kroger, is an American retailing company founded by Bernard Kroger in 1883 in Cincinnati, Ohio.

The Plaintiff is represented by:

Lee A. Cirsch, Esq.
Robert K. Friedl, Esq.
Trisha K. Monesi, Esq.
1875 Century Park East, Suite 1000
Los Angeles, CA 90067