Tag: beverage
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Consumer Alleges Ovaltine Packaging Claims Are Misleading
A New York woman has brought a putative class action against Nestlé USA Inc. alleging the company makes misleading claims about the nutrition content of its Ovaltine flavored drink mix products. McMenamy v. Nestlé USA Inc., No. 22-1053 (N.D.N.Y., filed October 11, 2022). The plaintiff took issue with labeling including “A Good Source of 12…
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Kombucha Maker Accused of Misleading Consumers on Products’ Alcohol Content
A group of consumers have filed a proposed class action against a North Carolina kombucha company, alleging the company misleads consumers as to the alcohol content of its beverages. Burke v. Tribucha, Inc., No. 22-0406 (E.D.N.C., filed October 6, 2022). Kombucha is a fermented tea drink that, when made without pasteurization, can develop a high…
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Plaintiff Argues Sparkling Mineral Water Lacks Lemons and Raspberries
A plaintiff has filed a putative class action alleging that Whole Foods Market Group Inc. misleads consumers by selling sparkling mineral water in a lemon raspberry flavor without an “appreciable amount” of lemons and raspberries. Kelly v. Whole Foods Mkt. Grp. Inc., No. 21-3124 (S.D.N.Y., filed April 11, 2021). The label of the water contains images…
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Consumers Allege Kombucha Contains High Alcohol Levels
Three consumers have filed a putative class action alleging Kombucha 221 B.C. sells kombucha that contains “more than twice the allowed alcohol” for a nonalcohol beverage. Brothers v. Mad at S.A.D. LLC, No. 21-60542 (S.D. Fla., filed March 9, 2021). The plaintiffs, who allege they purchased the kombucha for consumption at work, argue that the…
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Kern’s Nectar Not “100% Natural” Because of Malic Acid, Plaintiff Argues
A consumer has filed putative class action alleging that Vilore Foods Co. Inc. misleadingly marketed Kern’s Nectar canned beverages as natural because they contain malic acid, “a synthetic chemical that is used to make manufactured food products taste like real fruit.” Gross v. Vilore Foods Co. Inc., No. 20-0894 (S.D. Cal., filed May 13, 2020).…
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LaCroix Linalool Lawsuit Dropped
A lawsuit challenging the ingredients in LaCroix sparkling water has been dismissed with prejudice by the plaintiffs. Rice v. Nat’l Beverage Corp., No. 18-7151 (N.D. Ill., E. Div., entered February 18, 2020). National Beverage Corp. reportedly shared a letter with the media about the voluntary dismissal, stating that a laboratory cited in the complaint confirmed…
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“No Sugar Added” Implies Nothing About Competitors, Court Rules
A California appeals court has determined that the “no sugar added” phrasing on Califia Farms’ Cuties tangerine juice does not imply to consumers that competitors add sugar to their products. Shaeffer v. Califia Farms LLC, No. B291085 (Cal. App. Ct., entered February 6, 2020). The lower court dismissed the complaint, ruling that the “no sugar…
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“Lightly Sweetened” Iced Tea Misleads, Consumer Argues
A consumer has filed a putative class action alleging Tipp Distributors Inc. mislabels its Steaz iced tea as “lightly sweetened” despite containing “objectively high amounts of sugar, as added sugar.” Taylor v. Tipp Distrib. Inc., No. 20-0712 (E.D.N.Y., filed February 9, 2020). Consumers paid a premium for Steaz believing it to contain less sugar than…