Fruits smoothies are a favorite of many Americans, as are juices and other beverages, but there is one issue: The fruit-flavored products are made with fruit.
A lawsuit filed Thursday alleges the juice company is violating federal food law by making a product that contains fruit, but not the actual fruit.
The lawsuit, filed in U.S. District Court for the Northern District of California, says the company was “not authorized to produce” the juice, but instead, was “authorized to sell” it as a smoothie.
The company is arguing that the company did not have the right to make a product containing the fruit.
“The Fruit Smoothie, Fruit Salad and Fruit Smoothies are not made with any fruit,” the lawsuit states.
“They are made solely with Fruit.”
A spokesman for the company declined to comment.
The product is sold as a juice and as a fruit smoothie at Whole Foods, Kroger, Kropp, and other grocery stores.
It is also available at Walmart, Amazon, and Whole Foods Market, among other retailers.
The juice company also sells its products in other countries.
The claim in the lawsuit is the latest in a series of lawsuits alleging that a wide range of companies have sold products made with fruits, with some claiming the products are actually made with sugar.
The fruit lawsuit is one of a series filed in recent years, including a class-action lawsuit by consumers against the makers of several popular juices and a class action lawsuit filed by consumers alleging that Kellogg’s had to stop selling a product made with maple syrup.
In a statement, the company said, “We are confident that this lawsuit will be resolved amicably and that this matter will be brought to a swift resolution.”