Dunkin’ Refreshers Lawsuit Says Drinks Are Falsely Advertised as Containing Real Fruit
Daly v. Dunkin’ Brands, Inc. et al.
Filed: December 4, 2024 ◆§ 3:24-cv-01475
A proposed class action lawsuit alleges Dunkin’ Brands has falsely advertised its Refreshers beverages in that the products contain no fruit.
A proposed class action lawsuit alleges Dunkin’ Brands has falsely advertised its Refreshers beverages in that the products, whose names contain the names of specific fruits, contain no mango, pineapple, strawberry or other real fruit, and are instead made mostly with green tea, water and sugar.
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The 20-page Dunkin’ Refreshers lawsuitsays that despite the presence of fruit being central to the products’ identity, the Refreshers are devoid of any mango, pineapple, strawberry, dragonfruit, peach, blueberry, passionfruit, pomegranate, apple, cranberry or berries.
Unbeknownst to consumers, all Dunkin’ Refreshers—including the Mango Pineapple, Strawberry Dragonfruit, Peach Passionfruit, Blueberry Pomegranate, Apple Cranberry, Raspberry Watermelon and Mixed Berry varieties—are made predominantly with green tea, water and sugar, with Dunkin’ attempting to “gain a competitive edge in the market” while falsely touting the beverages, the case alleges.
“Based on the Products’ advertising, reasonable consumers purchase the [Refreshers] with the expectation that the Products contain all the fruits clearly listed in their respective names,” the filing summarizes.
According to the lawsuit, all varieties of Dunkin’ Refreshers are “formulated to mimic the taste” of the represented fruit, namely with “flavored concentrates” made mostly from sugar and water.
“This is not what consumers expect when it comes to Dunkin’ items,” the Refreshers lawsuit charges, noting that many of the coffee chain’s other products, including its Strawberry Coolata, hot chocolate and honey mint tea, actually contain the ingredients mentioned in their names.
Dunkin’ does not disclose anywhere that its Refreshers are missing the promised fruit ingredients, the suit claims.
The apparently missing fruit ingredients are important to consumers given their premium nature and value over cheaper, more highly processed flavorings and sugar, the case contends.
“For example, pineapple and its juices, which are missing from the Mango Pineapple refreshers, are known to provide benefits to the immune system, digestive systems, eye health, and contain anti-cancerous properties.”
Consumers nationwide have incurred injury and lost money as a result of Dunkin’s false advertising of its Refreshers beverages, the class action suit claims.
The Dunkin’ Refreshers lawsuit looks to cover all consumers who bought any Dunkin’ Refresher in the United States within the applicable statute of limitations period.
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