Proposed “All Natural” Class Action Targets Pepsi’s Pure Leaf® Iced Tea

A consumer has filed a putative class action against Unilever U.S.,
PepsiCo and the Pepsi Lipton Tea Partnership alleging that their line
of Pure Leaf® Iced Teas are misleadingly labeled as “All Natural” and
preservative-free because they contain citric acid, a synthetic ingredient.
Ren v. Unilever U.S., Inc., No. 156463/2015 (N.Y. Sup. Ct., filed June
26, 2015). The complaint asserts that Pure Leaf® labels indicate that the products are natural and contain no preservatives despite containing
citric acid, which is “industrially manufactured by fermenting certain
genetically mutant strains of the black mold fungus, Aspergillus niger.”
The companies use citric acid as a preservative, the complaint argues,
and it disputes the accuracy of a note in the ingredient list explaining
that citric acid provides tartness. The plaintiff seeks class certification,
declaratory judgments, damages, restitution, an injunction, and
attorney’s fees for allegations of unjust enrichment, breach of warranties,
negligent misrepresentation and violations of the New York General
Business Law.

Issue 571