Dole Mixed Fruit

October 2017: This case was stayed pending the FDA’s investigation and final decision regarding the proper use of the word “natural.”

September 2016: The Ninth Circuit Court of Appeals reversed the district court’s decision to grant summary judgment and affirmed its decision to decertify the class, among other things. The case was remanded for further proceedings. To read the decision and learn more, click here.

December 2014: A federal judge granted Dole’s motion for summary judgment concluding that there was not enough evidence to show that the “all Natural Fruit” label was likely to mislead reasonable consumers. Later that same month, a Notice of Appeal regarding the summary judgment order was filed. (Brazil v. Dole Packaged Foods, LLC, Case No. 14-17480, 9th Cir.)

November 2014: A federal judge denied Dole’s motion to decertify the class seeking injunctive relief (i.e., a court order prohibiting the company from making misleading representations in its marketing), meaning that portion of the class-action lawsuit can move forward. However, the judge granted the motion to decertify the class seeking monetary relief (i.e., refunds) because the plaintiff failed to provide a way to show damages on a classwide basis.

August 2014: Dole Packaged Foods moved to decertify the class in a false advertising lawsuit. The complaint, which was originally filed in 2012, alleges that the company deceptively labels products – including Dole Frozen Wildly Nutritious Signature Blends, Dole Mixed Fruit in 100% Fruit Juice, and Dole Tropical Fruit in Light Syrup & Passion Fruit Juice – as “all natural” when they actually contain unnatural ingredients. (Brazil et al v. Dole Packaged Foods, LLC, Case No. 12-cv-01831, N. D. CA.).

For more information about other class-action lawsuits against Dole and TINA.org’s coverage of the company, click here.

 

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