in Newswire Published on October 5, 2018

Arizona Beverage Co. Facing Class Action Challenging ‘No Preservatives’ Claims

Kubilius et al v. Arizona Beverage Company Llc

Filed: October 3, 2018 ◆§ 1:18cv9075

A class action alleges Arizona Beverage Co. unfairly and deceptively claims its drinks have “no preservatives” despite the presence of citric and/or ascorbic acid.

Defendant(s)

Arizona Beverage Company LLC

Law(s)

State(s)

New York

Categories

Food False Advertising Fraud

A proposed class action filed in New York lays out allegations that Arizona Beverage Company LLC has unfairly and deceptively positioned its drinks as having “no preservatives” despite the presence of citric and/or ascorbic acid in the products. Echoing lawsuits filed over similar allegations, the complaint argues Arizona Beverage Company, well aware of consumers’ growing preference for more natural alternatives, has falsely labeled its beverages as preservative-free “to capitalize on these consumer health trends.”

The 36-page lawsuit singles out the following Arizona beverages as being deceptively labeled:

- Iced Tea with Lemon Flavor;

- Green Tea with Ginseng and Honey;

- Arnold Palmer Lite Half Iced Tea Half Lemonade;

- Peach Zero Calorie Iced Tea;

- Diet Peach Iced Tea;

- Raspberry Half Iced Tea Half Lemonade;

- Cranberry Iced Tea;

- Grapeade;

- Peach Iced Tea;

- Raspberry Iced Tea;

- Energy Drink Extreme Performance Fruit Punch;

- Energy Drink Extreme Performance;

- Energy Drink Low Carb Performance;

- Real Brewed Sweet Tea;

- Arnold Palmer Zero Half Iced Tea Half Lemonade;

- Watermelon Fruit Juice;

- Fruit Punch Fruit Juice;

- Mucho Mango Juice;

- Rx Energy Herbal Tonic;

- Rx Stress Herbal Iced Tea; and

- Zero Green Tea with Ginseng.

Citing possible violations of consumer protection statutes in all 50 states and the District of Columbia, the case argues proposed class members—consumers across the United States—received less value than they bargained for as a result of Arizona’s preservative-free claims.

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