Class Action Tackles ‘No Calories’ Claims on Arizona’s Arnold Palmer Zero Lemonade-Iced Tea Cans

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Arizona Beverages’ representations that its Arnold Palmer Zero half-iced tea, half-lemonade contains “no calories” have come under scrutiny as a proposed class action claims the purportedly zero-calorie drink is not labeled in accordance with FDA regulations. 

The 24-page lawsuit argues that although federal regulations permit a product containing less than five calories to be labeled as containing zero, Arizona’s Arnold Palmer Zero beverage cannot be labeled as such given that each 23-oz can contains three servings of five calories each. 

Per the case, the dual-column nutrition facts on the back of cans of Arizona Arnold Palmer Zero are misleading in light of consumers’ consumption habits for a 23-oz can. 

“Research demonstrates that package and portion sizes have a considerable impact on the amount of food consumed,” the complaint, filed June 11 in Illinois federal court, says. “Presenting Nutrition Facts with dual columns causes consumers to expect they will only consume half the can. However, evidence and studies show that consumers will generally consume an entire beverage when it is packaged and presented in a size such as the 23-oz can.” 

As such, although an individual may hope to consume only a portion of the can, and therefore five calories, evidence suggests they will consume the entire can of Arnold Palmer iced tea-lemonade and therefore 15 calories, the suit contends. 

“By presenting Nutrition Facts with dual columns, format, it is inconsistent with the information required to maintain healthy dietary practices,” the lawsuit alleges. 

Statements such as “zero” and “no calories” are understood by consumers to mean that a product does not contain any calories, and buyers are increasingly purchasing foods with fewer calories so as to avoid excess sugar consumption and the harmful health effects of excessive caloric intake, the case relays. Against this backdrop, nutrient content claims as they relate to calories in a product must be presented in a way that prevents consumers from being deceived by the representations on a label, the complaint shares. Per the suit, a product is permitted to be labeled with “no calories” or “zero calories” so long as certain conditions are met: 

“Specifically, a food must ‘contain[s] [sic] less than 5 calories per reference amount customarily consumed and per labeled serving’ to be represented as ‘zero calories’ or ‘no calories.’ 21 C.F.R. § 101.60(b)(1)(i).” 

In the absence of federal rules, manufacturers could otherwise “arbitrarily decrease the serving size so that it would contain less than five calories, and then advertise it as containing ‘zero calories,’” the lawsuit stresses. 

The nutrition facts on cans of Arizona’s Arnold Palmer Zero beverage indicate that the drink has zero calories based on a serving size of eight fluid ounces, with each can containing approximately three servings, the case says. According to the suit, the reference amount customarily consumed (RACC) for non-carbonated beverages is 12 oz, and a 23-oz can amounts to 192 percent of the RACC and “meets the definition of a single-serving container.” 

Federal regulations, meanwhile, permit only amounts less than five calories to be expressed as zero in a product’s nutrition facts, the lawsuit says, arguing that this is not the case for Arizona’s product given a 23-oz can is the reference amount customarily consumed. 

As the suit tells it, Arizona’s Arnold Palmer Zero iced tea-lemonade is sold in “what appears to be two versions,” each with a different nutrition facts disclosure:

“Both Nutrition Facts correspond to the identical 23-oz product with identical ingredients,” the lawsuit says. “The Nutrition Facts on the left shows five calories per serving of 12 ounces.” 

The lawsuit, citing “reports,” says that the FDA has required Arizona to cease representing that its Arnold Palmer Zero contains “zero calories” and “no calories.” The case asserts that Arizona’s “no calorie” Arnold Palmer product is required to be labeled as one serving, and its calorie content detailed as such. 

The suit looks to represent consumers who bought the product in Illinois, Ohio, Texas, Virginia, Rhode Island, Delaware and Florida during the statutes of limitations period for each cause of action alleged by the plaintiff. 

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