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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A California-based attorney is apparently considering filing a class action lawsuit against Gerber on behalf of consumers purportedly misled by the company’s promotions for its baby food products. According to Ronald Marron, “Gerber claims that NutriProtect™ is ‘Nutrition for Healthy Growth & Natural Immune Support.’ But a close review of the ingredients, in tiny letters on the back, reveals that NutriProtect™ advertising is deceptive, leading parents to believe the Products are healthier and more nutritious than they actually are.” Marron claims that some of the products “contain high amounts of sugar, salt, and high fructose corn syrup.” He also indicates that Gerber is adding substances such as DHA to its products at a price premium, when parents could simply add a few drops of tuna oil to their baby’s food to obtain the same purported health effects. Also cited as a questionable practice is the company’s addition of prebiotics and…
