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Arizona Beverages Arnold Palmer Drink “No Calories” Claim Class Action

Arizona Beverages USA, LLC sells a drink made of half iced tea and half lemonade, which is known as an Arnold Palmer. The front of the can promises “Zero [Calories]” and “No Calories,” but the complaint for this class action claims that this is deceptive, because the can is likely to be drunk as a single serving.

The class for this action is all those living in Illinois, Ohio, Texas, Virginia, Rhode Island, Delaware, and Florida who bought the product during the applicable statutes of limitations.

In order for a food to claim to have “no calories” or “zero calories,” federal regulations say, the food must “contain[] less than 5 calories per reference amount customarily consumed and per labeled serving.” If there were no requirement about the “reference amount customarily consumed,” the complaint alleges, then “manufacturers could arbitrarily decrease the serving size so that it would contain less than five calories, and then advertise it as containing ‘zero calories.’”

The Arizona drink’s zero calories claim, the complaint alleges, is “based on a serving size of eight fluid ounces” with the 23-ounce can providing approximately three servings. However, the complaint alleges that the “reference amount customarily consumed” (RACC) for non-carbonated drinks is twelve ounces; it claims that the 23-ounce can is 192% of the RACC and “meets the definition of a single-serving container.”

While federal regulations allow amounts less than five calories to “be expressed as zero,” and presuming that eight ounces of the drink contain fewer than five calories, the drink could be listed as having 0 calories. But the complaint argues that the RACC for the 23-ounce can is the entire can, which does not contain fewer than five calories.

The complaint highlights this by showing the nutrition panels for two versions of the same 23-ounce drink. The first claims that a serving is twelve fluid ounces, with two servings per container; the second claims a serving is eight fluid ounces, with three servings per container. The label for the first shows two columns, with one gram of sugar and five calories per serving and two grams of sugar and fifteen calories per can; the other shows only a “per serving” column with less than one gram of sugar and zero calories.

The complaint says, “According to reports, the FDA required [Arizona] to cease representing the Product as containing ‘Zero Calories’ and ‘No Calories.’” It alleges that the product is identical to what it was previously but is labeled as “Diet” and contains 15 calorie per can.

The complaint alleges that the dual-column format is confusing, because it leads consumers to expect they will only drink half the can, while consumers are actually more likely to drink the entire can. The complaint therefore alleges that the whole can should be considered to be, and labeled as, a single serving.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Arizona Beverages Arnold Palmer Tea “No Calories” Claim Complaint

June 11, 2021

Arizona Beverages USA, LLC sells a drink made of half iced tea and half lemonade, which is known as an Arnold Palmer. The front of the can promises “Zero [Calories]” and “No Calories,” but the complaint for this class action claims that this is deceptive, because the can is likely to be drunk as a single serving.

Arizona Beverages Arnold Palmer Tea “No Calories” Claim Complaint

Case Event History

Arizona Beverages Arnold Palmer Tea “No Calories” Claim Complaint

June 11, 2021

Arizona Beverages USA, LLC sells a drink made of half iced tea and half lemonade, which is known as an Arnold Palmer. The front of the can promises “Zero [Calories]” and “No Calories,” but the complaint for this class action claims that this is deceptive, because the can is likely to be drunk as a single serving.

Arizona Beverages Arnold Palmer Tea “No Calories” Claim Complaint
Tags: Breach of warranty, Deceptive Advertising, Deceptive Labels