Dunkin’ Refreshers Lawsuit Says Drinks Are Falsely Advertised as Containing Real Fruit [DISMISSED]
Last Updated on February 12, 2026
Daly v. Dunkin’ Brands, Inc. et al.
Filed: December 4, 2024 ◆§ 3:24-cv-01475
A proposed class action lawsuit alleges Dunkin’ Brands has falsely advertised its Refreshers beverages in that the products contain no fruit.
February 9, 2026 — Dunkin’ Refreshers Real Fruit Lawsuit Dismissed
On February 9, 2026, United States District Court Judge David Hurd dismissed the litigation detailed on this page on the basis that Dunkin’ used the names of fruit to describe the flavor of its Refreshers, not the products’ ingredients.
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According to the 19-page dismissal order, Judge Hurd determined that the plaintiff failed to plausibly allege that Dunkin’s menu board, or any other representation, was not forthcoming about the fact that the Refreshers are merely named after the stated fruits.
“Plaintiff offers nothing, aside from bare conclusions, to suggest that defendants’ representation of the Products constitutes a deceptive act or false advertising,” the order states.
The bulk of the plaintiff’s evidence in the original filing rested heavily on the manner in which the Refreshers were described on Dunkin’ menus—in this case, as “Mango Pineapple” and “Strawberry Dragon fruit” Refreshers. The lawsuit claimed that this manner of promotion led consumers to expect that the drinks would “contain all the fruits clearly listed in their respective names.”
However, Judge Hurd emphasizes that the Dunkin menu board says nothing about the Refreshers being made with real fruit, or any similar language to convey that the products contain real fruit.
“The menu board contains no language to suggest the Products are ‘made with’ the actual fruits for which they are named,” the order states. “Nor has plaintiff alleged that any representation made on the menu board runs counter to the actual ingredients contained in the beverage.”
Dunkin’ Refreshers are made with “flavor concentrates,” which are comprised mostly of sugar, water and green tea, and are named to describe the fruit flavor they mimic, the order mentions.
“Plaintiff simply fails to go beyond bare conclusions in asserting the Products’ labeling tends to deceive or otherwise mislead a reasonable consumer, and this failure is fatal to plaintiff’s warranty claims at this stage,” the judge stated.
Similarly, Judge Hurd dismissed the lawsuit’s claims of unjust enrichment and fraud on the grounds that the plaintiff failed to show how Dunkin’ actually misrepresented its products, and that a reasonable customer would not be misled by the labeling.
The Dunkin’ Refreshers class action lawsuit was dismissed without prejudice, and the plaintiff was given until March 11, 2026 to file an amended complaint.
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A proposed class action lawsuit alleges Dunkin’ Brands has falsely advertised its Refreshers beverages in that the products, whose names contain the names of specific fruits, contain no mango, pineapple, strawberry or other real fruit, and are instead made mostly with green tea, water and sugar.
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The 20-page Dunkin’ Refreshers lawsuitsays that despite the presence of fruit being central to the products’ identity, the Refreshers are devoid of any mango, pineapple, strawberry, dragonfruit, peach, blueberry, passionfruit, pomegranate, apple, cranberry or berries.
Unbeknownst to consumers, all Dunkin’ Refreshers—including the Mango Pineapple, Strawberry Dragonfruit, Peach Passionfruit, Blueberry Pomegranate, Apple Cranberry, Raspberry Watermelon and Mixed Berry varieties—are made predominantly with green tea, water and sugar, with Dunkin’ attempting to “gain a competitive edge in the market” while falsely touting the beverages, the case alleges.
“Based on the Products’ advertising, reasonable consumers purchase the [Refreshers] with the expectation that the Products contain all the fruits clearly listed in their respective names,” the filing summarizes.
According to the lawsuit, all varieties of Dunkin’ Refreshers are “formulated to mimic the taste” of the represented fruit, namely with “flavored concentrates” made mostly from sugar and water.
“This is not what consumers expect when it comes to Dunkin’ items,” the Refreshers lawsuit charges, noting that many of the coffee chain’s other products, including its Strawberry Coolata, hot chocolate and honey mint tea, actually contain the ingredients mentioned in their names.
Dunkin’ does not disclose anywhere that its Refreshers are missing the promised fruit ingredients, the suit claims.
The apparently missing fruit ingredients are important to consumers given their premium nature and value over cheaper, more highly processed flavorings and sugar, the case contends.
“For example, pineapple and its juices, which are missing from the Mango Pineapple refreshers, are known to provide benefits to the immune system, digestive systems, eye health, and contain anti-cancerous properties.”
Consumers nationwide have incurred injury and lost money as a result of Dunkin’s false advertising of its Refreshers beverages, the class action suit claims.
The Dunkin’ Refreshers lawsuit looks to cover all consumers who bought any Dunkin’ Refresher in the United States within the applicable statute of limitations period.
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