Beliv Defeats Nectar Petit ‘No Preservatives’ Deception Suit

Beliv LLC, the maker of fruit nectar juice products, won summary judgment Tuesday in a proposed class action alleging that citric acid and ascorbic acid ingredients made the packaging’s “no preservatives” labeling deceptive.

Plaintiff Kevin Kelly didn’t offer supporting evidence that he overpaid for the product or that the Nectar Petit juices he bought were anything other than what he was promised, Judge Lewis J. Liman of the US District Court for the Southern District of New York said.

Although citric acid and ascorbic acid can be used as preservatives, the ingredients designated them based on their other functions as ...