AriZona “Zero Calorie” Arnold Palmer Beverage Class Action

The Food and Drug Administration (FDA) does not require a zero-calorie product to have zero calories; according to the complaint for this class action, it only requires that it have no more than five calories. The complaint alleges that AriZona Arnold Palmer drink had more than five calories, even though at one time it was labeled as “zero calorie.” The Arnold Palmer drink is made by Arizona Beverages USA, LLC.

The Arnold Palmer drink is made from a combination of iced tea and lemonade. The complaint alleges that it was sold in three varieties—zero calorie, lite, and regular.

The plaintiff for this class action, Kenneth Meyers, bought many containers of the “zero calorie” variety, in Michigan, where he lives, as well as on visits to Illinois, Indiana, and Wisconsin. According to the complaint, “The representation that the product had zero calories was prominently featured on the front of the can, on the panel on the back, and in advertising.” It says that if Meyers had known that the drink was not zero calories, he would not have bought it.

The complaint alleges, “Recently, the Food & Drug Administration required AriZona to relabel the ‘zero calorie’ product as a ‘diet’ product with 15 calories per can.” The complaint contends, “On information and belief, the zero calorie drink did not qualify for labeling as such and was renamed ‘diet.’”

The complaint outlines multiple classes for violations related to different state and federal laws and their respective statutes of limitations.

  • Class for Breach of Express Warranty: all persons who bought the zero calorie Arnold Palmer drink in the US (except Louisiana and Puerto Rico), between September 18, 2016 and the present.
  • Class for Breach of Implied Warranty: all persons who bought the zero calorie Arnold Palmer drink in the US (except Louisiana and Puerto Rico), between September 18, 2016 and the present.
  • Classes for Consumer Fraud, Illinois and Consumer Fraud, Wisconsin: all persons who bought the zero calorie Arnold Palmer drink in Illinois or Wisconsin, respectively, between September 18, 2017 and the present.
  • Class for Consumer Fraud, Indiana: all persons who bought the zero calorie Arnold Palmer drink in Indiana, between September 18, 2019 and the present.
  • Class for Common Law Fraud: all persons who bought the zero calorie Arnold Palmer drink in the US, between September 18, 2015 and the present.
  • Class for Unjust Enrichment: all persons who bought the zero calorie Arnold Palmer drink in the US, between September 18, 2015 and the present.
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

AriZona “Zero Calorie” Arnold Palmer Beverage Complaint

September 18, 2020

The Food and Drug Administration (FDA) does not require a zero-calorie product to have zero calories; according to the complaint for this class action, it only requires that it have no more than five calories. The complaint alleges that AriZona Arnold Palmer drink had more than five calories, even though at one time it was labeled as “zero calorie.” The Arnold Palmer drink is made by Arizona Beverages USA, LLC.

AriZona “Zero Calorie” Arnold Palmer Beverage Complaint

Case Event History

AriZona “Zero Calorie” Arnold Palmer Beverage Complaint

September 18, 2020

The Food and Drug Administration (FDA) does not require a zero-calorie product to have zero calories; according to the complaint for this class action, it only requires that it have no more than five calories. The complaint alleges that AriZona Arnold Palmer drink had more than five calories, even though at one time it was labeled as “zero calorie.” The Arnold Palmer drink is made by Arizona Beverages USA, LLC.

AriZona “Zero Calorie” Arnold Palmer Beverage Complaint
Tags: Calorie Content, Deceptive Advertising, Deceptive Labels, Fraud