Kroger Fruit Cup ‘100% Juice’ Deception Lawsuit Moves Forward

Kroger Co. failed to convince a federal judge to toss a lawsuit alleging the supermarket chain duped consumers into thinking its mixed fruit cups used 100% fruit juice despite also containing water.

The company told the US Court of Appeals for the Southern District of California that reasonable consumers wouldn’t be misled by the label statement “Mixed Fruit in 100% Juice” because that description doesn’t mean the product only contains mixed fruit and juice.

But that argument requires assuming “a reasonable consumer would disregard prominent statements on the front and top of the Product package that the Product is ‘Mixed ...