A California resident has filed a putative class action in a California federal
court against the companies that make a line of SoBe® beverages known as
0 Calories Lifewater®, alleging that the product labels and promotions are
misleading. Hairston v. S. Beach Beverage Co., Inc., No. 12-1429 (C.D. Cal., filed February 21, 2012). According to the plaintiff, the companies
label the product as “all natural” despite purported non-natural and synthetic
ingredients, such as ascorbic acid, cyanocobalamin, calcium pantothenate,
niacinamide, and pyridoxine hydrochloride, which are apparently listed on
product labels as Vitamins C, B12, B5, B3, and B6, respectively. He claims that
reasonable consumers “do not have the specialized knowledge necessary
to identify ingredients in SoBe Beverages as being inconsistent with the ‘All
Natural’ claims.”

The plaintiff also alleges that the companies deceive consumers by using the names of fruits on the labels. For example, the “B-Energy Strawberry Apricot, does not contain any strawberries or apricots; instead, it contains purple sweet potato juice (color). Similarly, the Macintosh Apple Cherry does not have any Macintosh apples or cherries, but it does contain Black Carrot Juice Concentrate (color).” While the plaintiff acknowledges that this information is available on the nutrition facts panels “in tiny font,” he alleges that such references are hidden “in an inconspicuous location on the label.” He claims that he relied on the “all natural” and fruit representations to purchase the products and did not receive the benefit of his bargain.

Alleging violations of the California Consumers Legal Remedies Act, False
Advertising Law and Unfair Competition Law, the plaintiff seeks to certify a
state-wide class and an order for injunctive relief, refunds, attorney’s fees,
costs, and interest.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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