On October 29, 2020, Plaintiff, on behalf of a proposed class of consumers, filed a class action lawsuit alleging that Arizona Beverages USA LLC deceptively labeled its Arnold Palmer Half & Half Iced Tea Lemonade products as “Lite,” and that as a result of these misrepresentations, Plaintiff was induced to pay a higher price for the products.

According to the complaint, per 21 C.F.R. § 101.56, the Arnold Palmers may only be labeled as “Lite” if they contain at least one third less calories than an appropriate reference food. In contrast, the complaint alleges that the product is loaded with sugar and calories and that there is no reference food which allows for this “Lite” claim to be made. Indeed, the complaint notes that the product, which contains 130 calories per 12 oz bottle, has only 10 less calories than a 12 oz can of coke.