Organic Consumers Association v. Fresh Del Monte Produce Inc.

The District of Columbia Superior Court denied three defendants’ motion to dismiss an action alleging that they engaged in false and deceptive advertising by representing that their avocados were sourced “responsibly and sustainably.” The court granted the plaintiff’s request to conduct limited discovery on the issue of personal jurisdiction. The plaintiff alleges that contrary to the defendants’ representations regarding the sustainability of their products, the sourcing and production of their avocados contributes to deforestation and water depletion in Mexico, and to climate change and habitat and biodiversity loss. The action is brought under the District of Columbia Consumer Protection Procedures Act, and seeks declaratory and injunctive relief, as well as costs and disbursements, including attorney and expert fees.