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San Pellegrino “Lemon & Lemon Zest” Sparkling Water Class Action

BlueTriton Brands, Inc. makes and imports sparkling mineral waters, including its San Pellegrino Essenza—Lemon & Lemon Zest drink. But the complaint for this class action alleges that the product is misleadingly labeled and gives the impression that it contains more lemon than it does.

Two classes have been proposed for this action:

  • The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in Iowa and Arkansas who bought the product during the applicable statutes of limitations.

The complaint alleges, “Consumers prefer foods and beverages which get their taste from food ingredients instead of added flavor, because this is perceived as more natural, less processed, and not made with additives or solvents that are used even in making ‘natural flavors.’”

Page 3 of the complaint shows the San Pellegrino product’s bottle, showing the words, “Lemon & Lemon Zest” and “Flavored Mineral Water with Natural CO2 Added.” Drawn on the bottle behind the label are full and cut lemons, lemon peels, and lemon leaves, and the bottle is covered in a yellow cellophane.

The complaint states, “Consumers will expect the Product’s lemon taste is provided by lemon ingredients and [that it contains] an appreciable amount of lemon.” What is “an appreciable amount of lemon”? According to the complaint, it’s “an amount sufficient so that all the lemon taste comes from lemons.”

The complaint makes a distinction between lemon ingredients, which are considered food and have nutritive value, and lemon flavors, which do not have nutritive value.

The complaint calls out the yellow cellophane as one of a form of “misleading containers” “which are contrived to give the purchaser a false impression as to the quantity, quality, size, kind, or origin of the food.” The complaint alleges that the yellow cellophane “tricks the consumer so that the contents of the Product appear yellow, as [they] would be if [they] had an appreciable amount of lemon ingredients.”

While the label does show the words “Flavored Mineral Water,” the complaint alleges that this is inconspicuous and in a yellow color that blends in with the yellow cellophane. It claims that federal and state regulations require that the source of the lemon flavor be disclosed on the front label.

The ingredient panel shows no lemon ingredients, only “Natural Flavors.” The complaint alleges that the lack of any ingredients specifically identified as lemon indicates that the taste comes from “flavor compounds from some lemon, which imitates the taste provided by lemons.” It claims that these flavor compounds do not include the full spectrum of lemon flavor and also do not provide any of the nutritive value of real lemons, such as vitamin C and polyphenol antioxidants.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

San Pellegrino “Lemon & Lemon Zest” Sparkling Water Complaint

August 29, 2021

BlueTriton Brands, Inc. makes and imports sparkling mineral waters, including its San Pellegrino Essenza—Lemon & Lemon Zest drink. But the complaint for this class action alleges that the product is misleadingly labeled and gives the impression that it contains more lemon than it does.

San Pellegrino “Lemon & Lemon Zest” Sparkling Water Complaint

Case Event History

San Pellegrino “Lemon & Lemon Zest” Sparkling Water Complaint

August 29, 2021

BlueTriton Brands, Inc. makes and imports sparkling mineral waters, including its San Pellegrino Essenza—Lemon & Lemon Zest drink. But the complaint for this class action alleges that the product is misleadingly labeled and gives the impression that it contains more lemon than it does.

San Pellegrino “Lemon & Lemon Zest” Sparkling Water Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels