Catafago Fini recently scored yet another win in the Second Circuit, in which it defeated a major consumer class action. In Axon v. Florida’s Natural Growers Inc., 19-203-cv (2nd Cir. May 29, 2020), the plaintiff brought a class action against our client, who produces Florida’s Natural Orange Juice — one of the leading orange juice brands in the nation. The plaintiff filed suit in the Southern District of New York, claiming that oranges from Florida contain trace amounts of glyphosate, a chemical used in herbicides to enable Florida orange growers to protect oranges from destruction from weeds. The District Court accepted our arguments and dismissed the case. On appeal, the Second Circuit agreed with us: that the use of the phrase “Florida’s Natural” was not misleading. The orange juice is truthfully natural, in that it is made only from oranges, with no chemicals or other ingredients added by our client. The fact that all oranges grown in Florida (or for that matter, the world) may have extremely small trace amounts of herbicides in no way “misleads” the consuming public by using the phrase “Florida’s Natural” in the brand. This was not only a win for our client and the Firm, but also for common sense.
The Court Listener news post is here.
The Second Circuit decision is here.