Ocean Spray has agreed to pay $5.4 million to settle a class-action lawsuit, but the head of the Civil Justice Association of California said such cases only benefit the plaintiff’s attorneys.
Plaintiff Crystal Hilsley initially filed the class-action suit against Ocean Spray Cranberries Inc. and its advertising representative, Arnold Worldwide LLC, alleging the beverage company falsely marketed its drinks as containing “no artificial flavors.”
For example, according to the suit, “The Cran-Apple product lists ‘malic acid’ as an ingredient, which [the] plaintiff [Hilsley] contends is an artificial flavor. Malic acid is not a natural flavoring material but ‘a synthetic chemical manufactured in a petrochemical factory from petroleum feedstocks.’”
The suit also added that while malic acid can naturally occur in some produce, Ocean Spray used a synthetic version.
Though Ocean Spray admits no wrongdoing, it agreed to the $5.4 million class-action settlement that allows California residents to receive a maximum $20 refund for products purchased in the state since Jan. 1, 2011. Citizens have until July 10 to claim a refund.
The settlement was filed with U.S. District Judge Gonzalo Curiel in San Diego in November.
But for Kyla Christoffersen-Powell, president and CEO of the Civil Justice Association of California, the amount the class members can receive is “not helpful.”
“Attorneys in this class action intend to request a nearly $1.8 million payday, while consumers receive a maximum of $20,” Christoffersen-Powell said. “This type of litigation is not helpful to business or consumers — it serves only to line the pockets of plaintiffs’ attorneys.”
California residents who bought one of these Ocean Spray drinks: Cran Apple, Cran Grape, 100% Apple Juice Drink, Cranberry Juice Cocktail, Wave Apple with White Cranberries, Wave Berry Medley, Cran Cherry, Cran Pineapple, Cran Pomegranate, Diet Cran Pomegranate, Diet Cran Cherry and Cranberry Cherry Flavor 100%; since Jan. 1, 2011 are eligible to claim a refund.
Residents seeking a refund can claim up to 20 drinks, at $1 for each. Receipts are not necessary, but the class member has to provide the date of purchase and store address.
Information about submitting a claim is available on the class-action website.