December 3, 2021

Volume XI, Number 337

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Hard Seltzer Co. Sued for Overstating Health Benefits

 

  • A proposed federal class action filed on October 24 alleges that Fermented Sciences Inc., which sells Flying Embers brand beverages, misled consumers into thinking its alcoholic kombucha and seltzer drinks are healthier than they are . According to the complaint, the beverages are promoted as containing “Antioxidant Vit[amin] C,” “Antioxidants,” “Real Botanicals,” and “Crafted with Live Probiotics,” among other claims like “Brewed with Benefits.” However, the plaintiff argues that the beverages are unlawfully fortified, the consumption of alcohol is contrary to dietary guidelines, and the addition of antioxidants, probiotics, and adaptogens to alcohol is misleading.

  • Additionally, the complaint alleges the label claims mislead consumers into believing that the positive effects of the drinks’ ingredients would outweigh the negative effects of alcohol. The ingredients in alcoholic beverages are alleged to provide little to no health benefits. Fermented Sciences Inc. is alleged to have used false health benefit claims in order to stand out in a saturated market and increase product prices.

  • The plaintiff argues that the claims constitute false advertising in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breaches express and implied warranties, and are fraudulent. The court has been asked to certify two classes: one of Illinois residents who purchased Flying Embers products, and one of the consumers who bought the products in North Dakota, Kansas, West Virginia, Wyoming, and Delaware. The suit alleges that Flying Embers violated consumer fraud laws in those states.

 

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 300
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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