Yucatan Guacamole

January 2015: After a federal judge vacated the dismissal, the case was reinstated and stayed until the FDA issues its final guidance regarding the use of the term “evaporated cane juice.”

May 2014: A federal judge dismissed this class-action lawsuit because the FDA announced that it was reevaluating its rules regarding the use of the term “evaporate cane juice.” The case was dismissed without prejudice, meaning plaintiffs can refile the complaint.

February 2014: A federal judge allowed a class-action lawsuit against Yucatan Foods to move forward after denying the company’s motion to dismiss. Among other things, the company argued that the complaint should be dismissed because the plaintiffs lacked standing (i.e. a proper basis to sue). The complaint, originally filed in 2013, alleges that the company misleading labels guacamole products – including Authentic Guacamole, Spicy Guacamole, and Ranch Guacamole – as containing “evaporated cane juice” when they actually contain “sugar” or “dried cane syrup.” (Swearingen et al v. Yucatan Foods, L.P., Case No. 13-cv-03544, N. D. CA.).


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