A consumer has filed a putative class action alleging that Reed’s Inc. misleads consumers by labeling its Virgil’s Sodas as made with “natural ingredients” and “no preservatives” despite containing citric acid. Mason v. Reed’s Inc., No. 18-10826 (S.D.N.Y., filed November 19, 2018). The complaint asserts that citric acid “is a synthetic compound” “usually produced from certain strains of the mold Aspergillus niger” and “the application of chemical solvents such as sulfuric acid.” The plaintiff alleges that the company’s “misrepresentations deceive consumers into thinking they are receiving healthier and ‘natural’ soda, when they are not.”

“Consumers cannot discover the true nature of the Products from reading the label,” the plaintiff argues. “Discovery of the true nature of the content of the Products requires knowledge of chemistry that is not available to the average reasonable consumer.” She seeks class certification, an injunction requiring “proper, complete, and accurate labeling of the products,” damages and attorney’s fees for allegations of fraud, unjust enrichment and violations of New York’s consumer-protection statutes.

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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.