BELLEVILLE – An Illinois man has filed a class action lawsuit against Zing Zang, claiming the company falsely advertises its margarita mixes as having "no preservatives" and "made with all natural ingredients."
Plaintiff Kyle Swierczek filed a class action lawsuit in the St. Clair County Circuit Court against Zing Zang, LLC, citing violations of the state's Consumer Fraud Act and Deceptive Business Practices Act.
The lawsuit alleges the defendant markets its Zing Zang line of margarita mixes as having "no preservatives" and being "made with all natural ingredients" on the label of the packaging.
Swierczek claims that in 2020, he bought Zing Zang margarita mixes. He allegedly paid a premium price for the products because he believed they contained no preservatives and were made with all natural ingredients without any artificial ingredients. Swierczek states that despite the defendant's claims, the products contain ascorbic acid and citric acid, both of which are preservatives. The products also allegedly contain xanthan gum, which is a synthetic ingredient. Swierczek adds that had he known of the ingredients, he would not have purchased the products at all or paid a lower price.
According to the lawsuit, Zing Zang deceptively and fraudulently misrepresented the products in violation of the state's Consumer Fraud Act and Deceptive Business Practices Act.
Swierczek is seeking damages for himself and everyone in his proposed class action lawsuit, plus interest, court costs, attorney fees and any other relief the court deems proper. He is represented in this case by attorneys David C. Nelson, Matthew H. Armstrong, Robert L. King and Stuart L. Cochran.
St. Clair County Circuit Court case number 23LA0872