Bud Light Lime-A-Ritas® Too High-Calorie to Be “Light,” Putative Class Action Says

A consumer has filed a putative class action in California state court alleging
that Anheuser-Busch’s “Lime-A-Rita” malt beverages have too many calories
and carbohydrates to be sold under the Bud Light Lime® label. Cruz v.
Anheuser-Busch, LLC, No. BC563150 (Cal. Super. Ct., Los Angeles Cty., filed
November 12, 2014). The plaintiff alleges that she purchased Bud Light
Lime Lime-A-Rita® believing it to be low in calories and carbohydrates, but
later learned that a serving of 8 fluid ounces contains between 192 and 220
calories and 22.8 to 23.6 g of carbohydrates compared to Bud Light’s 110
calories and 6.6 g of carbohydrates. “In general, ‘light’ may generally describe
a zero calorie or a reduced calorie food, and consumers such as Plaintiff and
the Class understand the ‘light’ label on a product that has a reduced or low
number of calories,” the complaint asserts. The plaintiff attributes the level of
calories to high-fructose corn syrup, and because of its alleged association
with “obesity, cardiovascular disease, diabetes and non-alcoholic fatty liver
disease,” she “never suspected high fructose corn syrup would be present
in a product labeled as ‘light’ such as the Bud Light Lime ‘Rita Products.” She
alleges violations of California consumer protection, false advertising and
unfair competition laws as well as breach of express warranty. She seeks class
certification, an injunction, attorney’s fees, and costs.

Issue 546