Flavored sparkling waters have become a popular product in the US. This class action brings suit against BlueTriton Brands, Inc. for its product Sparkling Poland Spring with a Twist of Lemon. The complaint alleges that the name of the product is “false, deceptive, and misleading” because the product does not have the “amount and type of lemon ingredients expected” by consumers.
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statues of limitations.
- The Consumer Fraud Multi-State Class is all persons in Iowa, Arizona, Ohio, Alabama, Louisiana, West Virginia, Michigan, Texas, Arkansas, Virginia, and Oklahoma who bought the product during the applicable statutes of limitations.
Sparkling water has become increasingly popular as consumers become aware of the hazards of drinks containing large amounts of sugar. Some companies offer sparkling waters with real fruit ingredients.
Page 2 of the complaint shows the product label, showing the phrase “with a Twist of Lemon” and an image of three round lemon slices.
The complaint alleges, “Consumers prefer foods which get their taste from food ingredients, which have nutritive value, instead of added flavoring, because the former are more natural, less processed and not exposed to additives and solvents used in manufacturing flavoring substances.”
It also alleges that consumers will expect the product to have “a non-de minimis amount of lemon ingredients, based on the pictures of this fruit and promises” it makes with the phrase “a twist of lemon.”
According to the complaint, “[a] twist of lemon” refers to the literal ‘twisting’ of the outer portion of a lemon round.” Page 3 of the complaint shows a photo of what the complaint claims is used for a twist of lemon—an outer portion of a lemon round with peel and a little pith.
The complaint claims, “This strip of lemon is added to beverages by literally ‘twisting’ it, which causes the juices and natural oils to be expressed…” It claims that the twist adds approximately 0.1 mL of ingredients to a drink.
Also shown in the complaint is the product’s ingredient panel, which shows no lemon ingredients, but only “Natural Flavors.” The complaint interprets this term to mean that the flavoring comes “not mostly from lemons, but a mix of essences from a variety of fruits and vegetables that are combined in a laboratory, with additives and solvents, into highly concentrated formulas.”
On the front of the product is a notation reading, “Naturally Flavored Spring Water with Other Natural Flavors and CO2.” But the complaint alleges, “Even if consumers noticed this small print disclosure…, they would not know this meant the Product did not contain an appreciable amount of lemon ingredients.” More specifically, the complaint claims that this notation “does not clarify the misrepresentation that the product contains a ‘Twist of Lemon.’”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Poland Springs Sparkling Water “with a Twist of Lemon” Complaint
February 4, 2022
Flavored sparkling waters have become a popular product in the US. This class action brings suit against BlueTriton Brands, Inc. for its product Sparkling Poland Spring with a Twist of Lemon. The complaint alleges that the name of the product is “false, deceptive, and misleading” because the product does not have the “amount and type of lemon ingredients expected” by consumers.
Poland Springs Sparkling Water “with a Twist of Lemon” ComplaintCase Event History
Poland Springs Sparkling Water “with a Twist of Lemon” Complaint
February 4, 2022
Flavored sparkling waters have become a popular product in the US. This class action brings suit against BlueTriton Brands, Inc. for its product Sparkling Poland Spring with a Twist of Lemon. The complaint alleges that the name of the product is “false, deceptive, and misleading” because the product does not have the “amount and type of lemon ingredients expected” by consumers.
Poland Springs Sparkling Water “with a Twist of Lemon” Complaint