Arizona Beverages USA, LLC makes a drink known as an “Arnold Palmer” that’s a combination of iced tea and lemonade. It sells it on 20-ounce bottles that bear the representation “Lite.” However, the complaint alleges that the word “Lite,” like other “low sugar” representations, is not permitted under federal regulations.
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Iowa, Louisiana, West Virginia, Michigan, Texas, Arkansas, Georgia, Montana, Ohio, Indiana, Nebraska, Alabama, Virginia, Oklahoma who bought the product during the applicable statutes of limitations.
Consumers often try to reduce the amount of sugar or number of calories in their diets. The complaint quotes a Nutrition Bulletin to assert, “Reasonable consumers ‘clearly link sugar to calories,’ and expect a food or beverage with lower sugar will have [fewer] calories, and vice versa.”
Page 2 of the complaint shows images of the Arizona Arnold Palmer product, showing the word “Lite.”
According to the complaint, “lite” is considered a nutrient content claim by the Food and Drug Administration (FDA), which regulates labeling. The complaint alleges that “claims that make absolute statements about the amount of sugar a product contains are prohibited.” Makers can label their products, with restrictions, for the absence of sugar (“no sugar”) and for relative amounts of calories and sugar (“fewer calories” or “less sugar”), they may not make claims like “low sugar” or “lite.”
But the complaint shows an image of the ingredient label on page 4 and asserts that the drink is not “Lite” or “low in sugar.” In fact, it says, “sugar is the second most predominant ingredient in the Product by weight” with the Nutrition Facts revealing 31 grams of added sugar per container.
The complaint alleges, “A product which contains 38 percent of the [daily value] for sugars yet is represented as ‘Lite’ poses a specific risk of harm to consumers seeking to lower their sugar consumption, including those with diet-related diseases, such as Type 2 diabetes.”
“Lite” is a comparative claim, and as such the label is required to include other information, such as a reference against which the product is compared. “The complaint alleges, “The Product’s representation as ‘Lite’ is misleading because it does not identify any other food” and also “because it is not low in calories.” The complaint speculates that no reference food exists for the drink, “because it contains an absolute, high number of calories” per Reference Amount Customarily Consumed (RACC).
Furthermore, the container shows an outline of the continental US, filled by the American flag’s stars and stripes, encircled by the words, “An American Company, Family Owned and Operated,” while a notation nearby reveals that the drink is in fact a “Product of Canada.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Arizona “Lite” Arnold Palmer and Sugar Content Complaint
February 6, 2022
Arizona Beverages USA, LLC makes a drink known as an “Arnold Palmer” that’s a combination of iced tea and lemonade. It sells it on 20-ounce bottles that bear the representation “Lite.” However, the complaint alleges that the word “Lite,” like other “low sugar” representations, is not permitted under federal regulations.
Arizona “Lite” Arnold Palmer and Sugar Content ComplaintCase Event History
Arizona “Lite” Arnold Palmer and Sugar Content Complaint
February 6, 2022
Arizona Beverages USA, LLC makes a drink known as an “Arnold Palmer” that’s a combination of iced tea and lemonade. It sells it on 20-ounce bottles that bear the representation “Lite.” However, the complaint alleges that the word “Lite,” like other “low sugar” representations, is not permitted under federal regulations.
Arizona “Lite” Arnold Palmer and Sugar Content Complaint