What is “Just Fruit”?: Ninth Circuit Affirms Dismissal of False Advertising Suit Against Kroger
Hunton Andrews Kurth
MAY 10, 2023
The Ninth Circuit Court of Appeals recently affirmed the dismissal of a putative class action lawsuit brought by a consumer who claimed that The Kroger Company supermarkets falsely advertised its spreadable fruit product containing fruit-based sweeteners as “Just Fruit.” The plaintiff claimed that Kroger marketed its spreadable fruit product as “Just Fruit” in order to capitalize on consumer demand for minimally processed foods that avoid unhealthy added sugars.
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