Organic Consumers vs Calavo Growers

COMPLAINT DEMAND FOR JURY TRIAL

This is a nonprofit, public-interest action brought on behalf of District consumers alleging false and deceptive advertising in the sale of avocado products. Plaintiff Organic Consumers Association, acting pursuant to D.C. Code § 28-3905(k)(1)(D), brings the action against Defendant Calavo Growers, Inc. (“Calavo”). In order to generate sales, Calavo represents that its avocados are “sustainable,” responsibly grown, and “better for the planet.” These statements are not true because Calavo’s sourcing practices contribute to deforestation, water scarcity, climate change, biodiversity and habitat loss, and other negative environmental consequences in the avocado- growing region of Mexico. Calavo’s avocados, therefore, are grown neither responsibly nor in a manner that ensures ecosystem health. Organic Consumers Association (“OCA”) requests no money damages but seeks declaratory and injunctive relief, aimed at putting an end to Calavo’s false and deceptive advertising. OCA brings the action on behalf of the general public of the District of Columbia (“D.C.“), and D.C. consumers. This is not a class action, and no class certification will be sought. OCA alleges the following based upon personal knowledge, information and belief, and the investigation of its counsel.

1. Consumers are increasingly concerned about the sustainability and environmental consequences of their food purchases.
2. Consumers are motivated to purchase produce marketed as “sustainable” due to growing awareness of the negative environmental consequences of the commercial agriculture industry. These negative environmental consequences include deforestation, water and air pollution, soil degradation, and habitat/biodiversity loss.
3. Many consumers seek to minimize their ecological footprint and prioritize supporting environmentally responsible farming methods for long-term ecological health. These values are thought to be promoted by products that are marketed to consumers as “sustainable” and/or responsibly grown, such as Calavo’s avocados.
4. Consumers are often willing to pay more for products that align with their values, or to buy more of those products. Corporations that market these products, such as Calavo, are keenly aware of this consumer willingness.
5. For example, Calavo represents on its website that it has “sustainable practices” and that it “pursue[s] environmental responsibility… throughout [its] entire business,” including commitment to “long-term ecological balance, environmental soundness, and social equity.”
6. Calavo also states that its products are “better for the planet.”
7. Calavo’s avocado sourcing practices, however, do not match these consumer- facing statements.

READ THE FULL COMPLAINT IN PDF FORMAT HERE

Related Posts