Representations Imply Product Is Healthy
Gatorade Fit Drinks “Healthy” Claims and Fortification California Class Action
PepsiCo, Inc. offers consumers a line of Gatorade Fit drinks that it claims represent “Real Healthy Hydration” that are an “Excellent Source of Vitamin[s] A & C.” But the complaint for this class action alleges that the drinks are misbranded, because they do not fulfill certain conditions that are necessary in order for them to Read more
Flying Embers Hard Seltzer, Hard Kombucha Unlawful Fortification Class Action
The market for hard seltzers and hard kombucha has become competitive, with many different products vying for public attention. The complaint for this class action alleges that Flying Embers Hard Seltzer and Hard Kombucha advertise in a way that implies the drinks have health benefits, which the complaint claims is misleading and involves improper fortification. Read more
Rebel Ice Cream “Healthy” Claims and Saturated Fat Content Class Action
Rebel Creamery, LLC makes ice cream products. The complaint for this class action alleges that the company advertises its products in ways that suggest they are nutritious and more healthful than other similar products. But the complaint alleges that this is misleading, because the products contain more saturated fat than even certain well-known fast food Read more
Country Crock Misleading “Plant Butter Made with Olive Oil” Class Action
Upfield US, Inc. makes a vegetable oil spread under its Country Crock brand that is labeled as “Plant Butter Made with Olive Oil.” The complaint alleges that the product’s name and marketing is misleading in a number of ways, particularly because it contains more of three other kinds of oils than it does olive oil. Read more
BodyArmor Superdrink “Superior Hydration” and Other Claims Class Action
BA Sports Nutrition, LLC has the third-largest sales of sports drinks in the US, behind only PepsiCo’s Gatorade and Coca-Cola’s Powerade. The complaint for this class action alleges that BA has advertised and marketed its BodyArmor Superdrink in ways that are false and misleading, violating consumer protection laws in California, New York, and Pennsylvania. Read more
FitCrunch and FitBar Products Misleading “Healthy” Impression Class Action
How do you know that a protein bar or energy bar is healthy? This class action brings suit against Pervine Foods, LLC, alleging that their FitCrunch Whey Protein Baked Bars and FitBar Energy Bars make consumers believe that the bars are healthy when in reality they contain between 8 and 18 grams of fat. Read more
Flying Embers Hard Seltzer, Hard Kombucha Fortification Claims Class Action
Is it misleading or deceptive to advertise alcoholic beverages as being fortified with vitamins or other healthy substances? The complaint for this class action says yes, bringing suit against Fermented Sciences, Inc. for the claims on its Flying Embers Hard Seltzer and Hard Kombucha containers. Read more
Health-Ade Kombucha and Other Beverages “Do Not Aid Health” Class Action
Health-Ade, LLC makes a line of kombucha or kombucha-inspired drinks. The complaint for this class action alleges, “By branding the products in this manner, [Health-Ade] expressly represents that the Health-Ade Beverages will aid health, i.e., are beneficial to health when consumed.” However, the complaint alleges that this is false or misleading, because the drinks include Read more
Kellogg Cereals Healthy-Sounding Claims Settlement
Kellogg Sales Company is settling a class action alleging it violated certain food laws in its labeling of three of its breakfast cereals. The complaint alleged that the cereals were labeled to make them seem healthy, despite the fact that they had a high added sugar content. Read more