A consumer has filed a purported class action against PepsiCo and
subsidiary Izze Beverage Co. alleging Izze carbonated juice drinks are
misleadingly marketed as containing “no preservatives” despite the
presence of citric or ascorbic acid. Lindberg v. PepsiCo Inc., No. 16-6569
(S.D.N.Y., filed August 19, 2016). The complaint also challenges Izze’s
claim that each bottle “delivers two servings of fruit based on [U.S.
Department of Agriculture’s (USDA’s)] 2010 Dietary Guidelines,” which
is misleading because “the USDA did away with this measure of servings
in its 2010 Guidelines precisely because it misleads consumers about how
much of various food groups they should eat or drink.”

The plaintiff asserts the dietary guidelines claim is also misleading
because it “falsely suggests that Izze Sodas contain the nutritional
value and health benefits that can be obtained by eating fruit. Whole
fruit contains fiber, vitamins, and minerals. Even if Izze Sodas were
originally manufactured with real fruit, they no longer contain any of
the nutritional value and health benefits that can be obtained by eating
whole fruit.”

The plaintiff argues that these allegedly misleading statements led
her and other consumers to unfairly pay a price premium. She seeks
damages, attorney’s fees and an order requiring a corrective advertising
campaign for allegations of unjust enrichment and violations of New
York and California consumer protection laws.


Issue 615

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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