Açaí Beverages

September 2017: A federal judge continued the stay in this case pending the outcomes in three related cases pursuant to an agreement between the parties.

August 2014: A federal judge dismissed (without prejudice) claims for breach of warranty and granted the company’s motion to stay to give the FDA the opportunity to consider issuing guidance regarding the term “evaporated cane juice.” To read the full court order, click here.

May 2014: Zola Acai moved to dismiss a class-action lawsuit alleging that the company deceptively markets beverages – including Açaí with Pomegranate and Açaí with Blueberry — as containing “evaporated cane juice” when, according to plaintiffs, they contain sugar. (Swearingen et al v. Amazon Preservation Partners, Inc. d/b/a Zola Acai, Case No. 13-cv-4402, N. D. FL.).

For more information about other class-action lawsuits regarding sugar and TINA.org’s coverage of the topic, click here.


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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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