Vizzy Hard Seltzer, from Molson Coors Beverage Company and in its Pineapple Mango flavor, claims to have an advantage over other hard seltzers: It’s supposedly made “With Antioxidant Vitamin C.” But the complaint for this class action alleges that the word “with” is misleading as a nutrient claim, particularly because the product is an alcoholic beverage.
The class for this action is all those who live in Illinois who bought the product during the applicable statute of limitations.
The complaint reproduces a number of claims from the packaging of the Vizzy Pineapple Mango Hard Seltzer drink, including “Vizzy Hard Seltzer with Antioxidant Vitamin C from Acerola Superfruit,” “First Hard Seltzer Made with Antioxidant Vitamin C from Acerola Superfruit,” and “The Only Hard Seltzer with Antioxidant Vitamin C.”
The complaint claims, “The Product’s Vitamin C content is promoted alongside pictures of fresh fruit, which give consumers the impression the Product is a nutritionally-equivalent source of the nutrients found in these fruits.”
The nutrition panel claims that the drink contains 18 mg of Vitamin C, or twenty percent of the recommended daily value. The ingredient panel shows that the product contains “Dried Acerola Cherry Juice.”
However, the complaint takes issue with this.
First, laws exist that govern the words used in connection with a nutrient claim. For example, a food may be declared to be a “good source” of a nutrient if it has between ten and nineteen percent of the Recommended Daily Intake (RDI) or Daily Reference Value (DRV). The complaint says, “The terms permitted to tell consumers this are limited to ‘good source,’ and its authorized synonyms, ‘contains,’ and ‘provides.’” The word “with” is similar to a “good source” claim, it alleges, but “‘with’ is not an authorized synonym for ‘contains,’ which means its use is prohibited.”
Second, the terms “antioxidant” and “superfruit,” according to the complaint, “give the impression the Product is a healthful and nutritious source of Vitamin C.” However, “it is necessary to consume an alcoholic beverage to get this amount of [V]itamin C.” It claims, “The Product’s nutrient content claim is contrary to the FDA’s fortification policy, which prohibits addition of nutrients to food such as carbonated and alcoholic beverages.”
The complaint alleges, “The Product contains other representation which are false, deceptive and misleading, including that it has a ‘hint’ of real mango.” Mango is not listed on the ingredient panel, and the complaint alleges it is part of the add flavoring and “is not present beyond a negligible amount.”
The complaint alleges breaches of warranties, negligent misrepresentation, and fraud, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Vizzy Pineapple Mango Hard Seltzer Vitamin C Claims Illinois Complaint
May 22, 2021
Vizzy Hard Seltzer, from Molson Coors Beverage Company and in its Pineapple Mango flavor, claims to have an advantage over other hard seltzers: It’s supposedly made “With Antioxidant Vitamin C.” But the complaint for this class action alleges that the word “with” is misleading as a nutrient claim, particularly because the product is an alcoholic beverage.
Vizzy Pineapple Mango Hard Seltzer Vitamin C Claims Illinois ComplaintCase Event History
Vizzy Pineapple Mango Hard Seltzer Vitamin C Claims Illinois Complaint
May 22, 2021
Vizzy Hard Seltzer, from Molson Coors Beverage Company and in its Pineapple Mango flavor, claims to have an advantage over other hard seltzers: It’s supposedly made “With Antioxidant Vitamin C.” But the complaint for this class action alleges that the word “with” is misleading as a nutrient claim, particularly because the product is an alcoholic beverage.
Vizzy Pineapple Mango Hard Seltzer Vitamin C Claims Illinois Complaint