Kraft Heinz Food Company makes a product called Country Time lemonade, which is a powdered drink mix that comes in lemonade and pink lemonade varieties, in 19-ounce cannisters. The labels on the cannisters claim that the product makes eight quarts of lemonade, but the complaint for this class action alleges that this is false and deceptive, and that in reality the cannisters only make around six quarts of lemonade.
A class and a subclass have been defined for this action:
- The class is all persons in the US who, within the applicable statute of limitations, bought a 19-ounce cannister of Country Time lemonade or pink lemonade powdered drink mix.
- The subclass is all persons in Alabama who, within the applicable statute of limitations, bought a 19-ounce cannister of Country Time lemonade or pink lemonade powdered drink mix.
The 19-ounce cannisters’ labels state that the container has enough powder to make eight quarts of lemonade. The lid for the cannister is supposed to be used as a measuring cup, the complaint says, and it can be filled up to one line to make one quart of lemonade and up to a second line to make two quarts of lemonade.
The complaint quotes the directions for measuring the powder as saying, “Measure Country Time Mix into cap just to line, or use 2 tablespoons of Mix for single serving. Add more or less to taste. Pour into drinking glass, or plastic or glass pitcher. Add cold water and ice; stir to dissolve. Do not store in metal container.”
But the complaint alleges that the statements on the label “are untrue, misleading, and likely to deceive reasonable consumers … because the cannisters do not contain enough powder[ed] drink mix to make eight quarts of lemonade or pink lemonade using the mix line in the cap.”
According to the complaint, when the plaintiff in this case, DeMarcus Rodgers, mixed the powdered drink, “he was only able to measure six quarts worth of powder[ed] drink mix instead of the usual eight quarts worth of powder[ed] drink mix per cannister.”
The complaint claims Rodgers had buy additional cannisters to make up the eight quarts of lemonade he was expecting to get from each single cannister of mix.
The complaint claims that the company makes these capacity claims to get consumers to buy the lemonade mix. Consumers cannot examine or test the contents before sale, the complaint alleges, so they must trust that what the label says is true.
The counts include violation of the Magnuson-Moss Warranty Act, breach of express and implied warranties, and violation of the Alabama Deceptive Trade Practices Act.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Country Time Lemonade Number of Quarts Alabama Complaint
April 21, 2022
Kraft Heinz Food Company makes a product called Country Time lemonade, which is a powdered drink mix that comes in lemonade and pink lemonade varieties, in 19-ounce cannisters. The labels on the cannisters claim that the product makes eight quarts of lemonade, but the complaint for this class action alleges that this is false and deceptive, and that in reality the cannisters only make around six quarts of lemonade.
Country Time Lemonade Number of Quarts Alabama ComplaintCase Event History
Country Time Lemonade Number of Quarts Alabama Complaint
April 21, 2022
Kraft Heinz Food Company makes a product called Country Time lemonade, which is a powdered drink mix that comes in lemonade and pink lemonade varieties, in 19-ounce cannisters. The labels on the cannisters claim that the product makes eight quarts of lemonade, but the complaint for this class action alleges that this is false and deceptive, and that in reality the cannisters only make around six quarts of lemonade.
Country Time Lemonade Number of Quarts Alabama Complaint