EAST ST. LOUIS - A consumer filed a class action alleging Arizona Beverages mislabels its "lite" iced tea and lemonade drinks.
Kenneth Crawford filed a federal class action lawsuit in the U.S. District Court for the Southern District of Illinois against Arizona Beverages USA LLC.
Arizona Beverages USA LLC is accused of violating the Illinois Consumer Fraud and Deceptive Business Practices Act, violating State Consumer Fraud Acts, breach of contract, breach of express warranty, Implied Warranty of Merchantability/Fitness for a Particular Purpose and Magnuson Moss Warranty Act, negligent misrepresentation, fraud and unjust enrichment.
According to the lawsuit, Arizona Beverages USA LLC manufactures, labels, markets, and sells a combination of iced tea and lemonade, known as an “Arnold Palmer,” in 20 oz. bottles. The beverages are represented as “lite," which is “used to describe foods or drinks that contain few calories or low amounts of sugar” and is defined similarly by the FDA and considered a nutrient content claim.
The “Arnold Palmer” iced tea and lemonade label states that the product contains 31 grams of added sugar, which is 62% of the daily value, the lawsuit states.
Crawford claims that due to the drink's amount of added sugar, the defendant intentionally and negligently mislabeled the product as “lite,” which is fraudulent misrepresentation of the product's nutritional facts. Crawford further claims that consumers purchase the product under false knowledge due to the defendant's misrepresentation and that consumers would not have spent as much money on products had it not been labeled “lite.”
Crawford seeks preliminary and permanent injunctive relief directing the defendant to correct its practices; injunctive relief to remove, correct and/or refrain from the challenged practices and representations; restitution and disgorgement; monetary damages, statutory and/or punitive damages pursuant to any statutory claims and interest; costs; and expenses for attorneys and experts.
Crawford is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, N.Y.
U.S. District Court for the Southern District of Illinois case number 3:22-cv-00220-RJD