A consumer filed a putative class-action complaint on Monday in the Northern District of California against Arizona Beverages USA, LLC and its parent company Hornell Brewing Co., Inc (collectively, the defendants), alleging that the defendants deceptively marketed and packaged their “Arizona” fruit snack products, causing consumers to believe that those products are healthy because they are made with “significant” amounts of real fruit, when such products in fact lack real fruit content and are high sugar, unhealthy snacks.
According to the complaint, the plaintiff is a California resident who seeks to represent a class of California purchasers as well as a class of purchasers nationwide. The plaintiff states that the defendants “manufacture, sell and distribute” the Arizona brand fruit snack products. The plaintiff specifically notes the “Arnold Palmer Half and Half Fruit Snacks” and the “Green Tea Fruit Snacks in her definition of “Products,” but cautions that “(t)his definition is not exhaustive and shall include all of Defendants’ products that are similarly deceptively marketed.”
The plaintiff alleges five causes of action. Three pertain solely to the “California Class”: Violation of California’s Unfair Competition Law; Violation of California’s False Advertising Law; and Violation of California’s Consumer Legal Remedies Act. The two other causes of action pertain to the National Class: Breach of Express Warranty and Breach of Implied Warranty of Merchantability.
The plaintiff seeks compensatory, punitive and statutory damages. She also seeks restitution and disgorgement as well as injunctive relief and corrective disclosures.