A lawsuit alleging that Forager Project is deceiving shoppers by failing to disclose on its packaging that its cold-pressed juices are also high-pressure processed (HPP) is "grasping at straws," but reflects growing interest in HPP brands by the plaintiff's bar, say legal experts.
In a November 7, 2017, article in Food Navigator, Angel Garganta said, "This case is a stretch. First, the allegation that HPP somehow diminishes the nutritional value of the juices is entirely conclusory, and has been rejected by at least one court at the motion to dismiss stage. Second, courts generally do not allow 'fraud by admission' claims such as this, except in cases where there is a fiduciary duty or involving product safety, although one New York court recently has."
"Finally, even if this claim gets past a motion to dismiss, I can't imagine a court certifying the nationwide class the plaintiff seeks, given that most state laws do not recognize this sort of 'fraud by omission' claim."