Stewart’s Cream Soda Lacks Real Vanilla, Lawsuit Alleges

A consumer has filed a putative class action alleging that Stewart’s Fountain Classics beverages are misleadingly marketed as having a “Creamy Vanilla Taste” despite containing artificial flavors. Dalton v. Mott’s LLP, No. 19-2960 (E.D.N.Y., filed May 19, 2019). The plaintiff admits that the label discloses the product contains artificial flavors but argues that the “nostalgic imagery and glass bottles assist in focusing the consumers’ attention on the upper-right characterizing flavor claim, and away from the inconspicuous disclosure of artificial flavors at the bottom of the label.” For alleged violations of California’s consumer-protection statutes, negligent misrepresentation, fraud and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.