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A federal judge in California’s Northern District has partially certified a class of Arizona Iced Tea purchasers seeking to bring suit against the drink manufacturer over claims the drink is “all natural” despite containing high fructose corn syrup and citric acid. The claims were brought under the less-stringent Federal Rule of Civil Procedure 23(b)(2) in order to avoid the burden of demonstrating that members of the putative class saw and relied on the “all natural” claim in making purchasing decisions. Federal Rule of Civil Procedure 23(b)(2) precludes certification when each class member would be entitled to individualized monetary restitution. However, the judge admonished the plaintiff class for its clear primary pursuit of monetary relief rather than injunctive relief. Accordingly, the court granted class certification only for the purposes of declaratory and injunctive relief.
The Food Defense Strategy Exchange (FDSE) is a forum for food defense professionals to interact and share their knowledge and experiences. At the most recent FDSE, a poll of attendees revealed that approximately two-thirds were either re-evaluating their existing food defense plan, or implementing new food defense plans. In this podcast, Don Hsieh, Director of Commercial and Industrial Marketing at Tyco Integrated Security, discusses this topic and other findings from the exchange, and offers some best practices to proactively protect a company’s brand from food adulteration.
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