A consumer has filed a putative class action alleging that Brew Dr. Kombucha LLC markets its products as containing “billions” of “live and active cultures” or “beneficial bacteria, yeasts and organic acids” despite containing “only 50,000” colony forming units. Amos v. Brew Dr. Kombucha LLC, No. 19-1663 (D. Ore., Portland Div., filed October 16, 2019). “Because consumers specifically purchase kombucha products because of their probiotic content, and rely on the amount of probiotics stated on the product labeling when choosing what type and brand of kombucha drink product to purchase, Defendant’s product labels and advertisements were false, misleading, and reasonably likely to deceive the public,” the plaintiff argues. For allegations of breach of warranties and unjust enrichment, the plaintiff seeks class certification and damages.

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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.