Orange Juice Lawsuits
A Tropicana lawsuit involves a class-action suit filed against the beverage company for what it advertises as an all-natural drink made with real oranges. Many consumers believe that a natural citrus drink can be just as tasty as one that has been prepared using other ingredients. However, when a commercial product is altered in such a manner, it is called subliminal marketing. And under Federal law, that is considered a deceptive act or advertisement. Here’s how the Tropicana lawsuit works.
The complaint says that in at least 20 class-action lawsuits filed against various firms, the beverages have been falsely labeled as all-natural when in reality they are not. The complaint further claims that such firms involved in these practices fail to provide consumers with clear and truthful advertising. In at least 20 cases, the complaint states that the firms involved fail to provide consumers with the information they need to make an informed decision about the product.
The Food and Drug Administration regulates food labeling and ingredient claims.
Under the provisions of the FDA, food manufacturers are required to provide a label that contains accurate statements about what ingredients are contained in the product. This is done according to federal law. It is also required for companies to ensure that the materials used do not create a health or safety risk. This is often accomplished by using only “natural” ingredients, although synthetic ingredients are also allowed. If a manufacturer fails to comply with these laws, then they could be held liable for monetary damages or even criminal charges.
So how does the Florida lawsuit work? The plaintiff’s attorney, Amy Girard, is seeking damages for her client, Trina G. Marks, who was injured while working at a Caribbean cruise liner.
According to the complaint, Marks was working on a job for Tropical Access when she experienced an injury which resulted in her having to miss a day of work. Marks subsequently filed a lawsuit against the cruise liner, alleging that the employer failed to provide proper safety training regarding hazards present at the facility. Marks further claimed that the employer failed to implement adequate hazard analysis and that, as a result of this and other similar instances, she was suffering physical injuries that required extensive medical treatment.
At the time of filing this lawsuit, Marks was an employee of Tropical Access, not an independent contractor.
The cruise liners were served with the lawsuit on August 6 and have yet to file their defense. In addition to failing to implement a sufficient level of hazard analysis, the lawsuit says, they created a drinking water that was contaminated with high fructose corn syrup, which has been linked to a number of serious health problems, including heart disease and diabetes. The lawsuit further claims that the employer failed to provide supervisors with the proper training in dealing with hazards and failed to ensure that employees appropriately reported any health related issues or concerns to management. Further, in light of the fact that tropical drinks were regularly sold to employees, and that a large number of employees were under the age of twenty-one at the time of filing the lawsuit, it is clear that the cruise liner was aware of the high degree of risk inherent in providing tropical drinks to its patrons.
Marks is not the only employee who has filed a complaint regarding Tropical Access’ use of high fructose corn syrup in their Orange Juice beverage.
In fact, this type of case has been cited in a number of class action lawsuits against various corporations, including Landau Water and defendant Enron. While many of these class action lawsuits are successful, many fail to live up to the standard required by the legal system. The Florida court that handled the Tropicana lawsuit found that the plaintiff had met her burden of establishing that the high fructose corn syrup used by the employer caused her harm, and that her suffering was caused by the effects of this chemical rather than a product.
Because of the way that class action lawsuits are designed to function, and the fact that they often force the issue of whether or not a product caused an injury to a victim, it can be difficult for plaintiffs to receive compensation from corporations that fail to implement safety measures.
Many people are able to successfully obtain monetary compensation when they are wrongfully injured by products, but in order to prevail in such cases, plaintiffs must be able to provide hard evidence linking the manufacturer’s failure to act to the injury that results from the corporation’s negligence. In light of this requirement, many of the class action lawsuits that are successfully won do not involve orange juice. Rather, they occur with a soft drink or other similar product. This is because it is often difficult to prove that a product is defective and that the defendant’s negligence caused a direct injury to the plaintiff.
While no one can argue that a person who has suffered a debilitating personal injury brought on by a food product’s packaging and processing is owed compensation, it may be extremely difficult for plaintiffs in these situations to obtain compensation. Fortunately, this does not mean that there are no legal avenues available to those seeking damages for injuries and ailments. For example, a plaintiff who has been seriously injured as a result of drinking highly processed Orange Juice may have a strong case, particularly if they can show that the Orange Juice manufacturer knew that their product was largely processed and yet did nothing to reduce the level of processing. A qualified attorney with experience in litigating highly processed food and beverage cases will know more about whether or not an attorney can successfully obtain damages in a case like this.