False Immunity Claims Raised Against Maker of Acai Mixed Berry Red Tea

A California resident has filed a putative class action against Dr. Pepper Snapple Group, Inc., in federal court, alleging that the company has violated consumer protection laws in labeling and promoting its “Snapple® Acai Mixed Berry Red Tea Immunity” product because “no known clinical study . . . adequately supports Snapple’s claims.” Meaunrit v. Dr. Pepper Snapple Group, LLC, No. 10-5153 (N.D. Cal., filed November 12, 2010). Seeking to certify a class of all product purchasers, the named plaintiff alleges violations of California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act, as well as breach of express warranty. She asks for restitution, disgorgement, damages, and attorney’s fees and costs in excess of $5 million.

Plaintiff Julia Meaunrit and her counsel, Florida-licensed Howard Rubinstein,
previously filed an unsuccessful class-action lawsuit in California against a
food company alleging inadequate cooking instructions for its frozen pot pies.
Details about that case appear in Issue 321 of this Update.