A proposed class action alleges the “Natural Lime” variety of White Claw Surge hard seltzer is misleadingly advertised.
The 18-page case takes issue with certain representations on the product’s front label, claiming defendant Mark Anthony Brands has misleadingly implied that the alcoholic beverage contains lime, is made from distilled spirits, is less harmful than other types of alcoholic drinks and is low in calories.
The suit claims these implications are untrue and that consumers would not have purchased the White Claw product, or paid as much, had they not been misled by the beverage’s packaging.
According to the case, the “Natural Lime” and “A Hint of Natural Lime” statements on the White Claw drink’s front label lead reasonable consumers to believe that the beverage contains an appreciable amount of lime. The product’s ingredients list, however, includes no actual lime ingredients and instead states that the White Claw product contains “Natural Flavors,” the suit says. Per the case, the “Natural Flavors” component contains only a trace amount of lime, if it is present at all.
“‘Natural Flavors’ refers to a mix of fruit extractives and essences, combined with additives and solvents, that are synthesized and concentrated in a laboratory,” the complaint relays. “‘Natural Flavors’ consists of flavor compounds which imitate the taste provided by limes, though the source is from fruits other than limes.”
The case argues that consumers prefer foods and drinks whose taste is derived from actual ingredients instead of added flavors “because this is more natural, less processed and does not involve the use of additives and solvents.”
The lawsuit goes on to claim that the “Spiked Sparkling Water” and “Hard Seltzer” statements on the White Claw Surge product’s front label are misleading because they falsely imply that the drink is made with distilled spirits. Per the case, the White Claw product is a malt beverage and does not contain any distilled spirits.
Moreover, the suit claims that although reasonable consumers would interpret the “Made Pure” claim on the White Claw product’s front label as an indication that the drink is not as harmful as other alcoholic beverages, this is false. Per the case, the “Made Pure” reference refers to a patented “Brewpure” process disclosed on the back label. According to the complaint, it is misleading to promote the “Made Pure” claim in connection with “A Hint of Natural Lime” because these statements “obscure the harmful effects of alcohol and emphasize its nutritional and health properties.”
Finally, the case claims the “2g Carbs” statement on the White Claw Surge product’s front label is misleading because it falsely implies to consumers that the drink is low in calories.
“Contrary to these expectations, the Product is not low in calories,” the lawsuit alleges. “The disclosure of 220 calories is not visible at eye level, and listed sideways on the lower portion of the can, out of the normal field of vision.”
Per the case, the White Claw Surge product is worth “materially less” than its front-label representations imply.
The suit looks to cover anyone in Illinois, Montana, Wyoming, Idaho, Kentucky, West Virginia, Iowa, Mississippi or Alaska who purchased the White Claw Surge “Natural Lime” product within the applicable statute of limitations period.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.
Hair Relaxer Lawsuits
Women who developed cancer, endometriosis or reproductive problems after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.