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Court of Appeal:
Del Monte’s ‘Fruit Naturals’ Label Is Not Deceptive
Panel Rejects Contention That Front Label Represents Falsely That Only Natural Ingredients Are Used
By a MetNews Staff Writer
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The Ninth U.S. Circuit Court of Appeals on Friday affirmed the dismissal with prejudice of a putative class action based on the alleged deceptiveness of the use of ‘Fruit Naturals’ on the front labels of fruit cups. |
The Ninth U.S. Circuit Court of Appeals on Friday affirmed the dismissal with prejudice of a putative class action against Del Monte by a woman who says she bought a “Fruit Naturals®” fruit cup assuming it to contain all-natural ingredients when, in fact, it includes additives such as citric acid, potassium sorbate, sodium benzoate, and methylcellulose gum.
Kerstine Bryan brought her lawsuit under California’s Unfair Competition Law and its False Advertising Law, as well as pursuant to an Oregon statute.
A panel comprised of Ninth Circuit Judges Patrick J. Bumatay and Michelle T. Friedland and Senior Judge Susan P. Graber agreed with District Court Judge Maxine M. Chesney of the Northern District of California that the action cannot proceed.
Label Found Ambiguous
Chesney said in her Oct. 19, 2023 order that the front label doesn’t expressly say that all ingredients are natural and that “such ambiguity can be resolved by reference to the back label, which clearly discloses the inclusion of multiple synthetic ingredients.”
The Ninth Circuit panel echoed that in light of the ambiguousness of the front label, “a reasonable consumer would look at the back label.”
It said in its memorandum opinion:
“[I]n the phrase ‘fruit naturals®,’ ‘naturals’ is a noun, not a descriptive adjective. The presence of the registered-trademark symbol after ‘fruit naturals’ also suggests that the phrase is just the name of the product. Additionally, all labels display the picture and name of the fruit in the cups, followed by the phrase ‘in extra light syrup.’ Taken together with the rest of the front label, including ‘fruit naturals®’…, the ‘syrup’ phrase affirmatively conveys that, although the fruit itself is natural, the syrup may not be.”
Survey Discounted
Bryan produced a survey which purportedly shows that the front label is deceptive, but the judges characterized that survey as “uninformative,” explaining:
“[I]t did not ask what respondents thought about the noun ‘naturals’; rather, it asked about the adjective ‘natural.’ And, importantly, the survey asked people what they thought ‘natural’ should mean on the label of a product, not what they thought it actually did mean as used on these labels.”
The case is Bryan v. Del Monte Foods, Inc., 23-3685.
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