Guac Maker Yucatan Can't Shake Cane Juice Labeling Suit

Law360, New York (February 10, 2014, 1:55 PM EST) -- A California judge on Friday preserved a consumer class action claiming Yucatan Foods LP misleadingly lists the ingredient “evaporated cane juice” instead of sugar on guacamole products, rejecting the company’s preemption, standing and jurisdictional arguments.

U.S. District Judge Richard Seeborg refused to rid Yucatan of claims that its products are misbranded in violation of California’s Sherman Food, Drug and Cosmetics Law, which incorporates federal Food, Drug and Cosmetic Act labeling requirements wholesale.

To remedy the alleged violations, plaintiffs Mary Swearingen and Joshua Ogden are advancing a...
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