Liquid I.V. Drink Mixes Falsely Labeled as Free From Preservatives, Class Action Claims

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The makers of Liquid I.V. face a proposed class action that alleges the powder electrolyte drink mixes are falsely labeled as containing no preservatives. 

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The 30-page case against the Liv Group and Unilever North America says the clean-labeled Liquid I.V. products, in truth, contain “a significant amount of preservatives,” including, most prominently, citric acid. 

The filing argues that the defendants are aware that consumers are willing to pay more for food items labeled as preservative free given that such products are perceived as healthier alternatives. The Liquid I.V. products at issue—namely the Liquid I.V. Hydration Multiplier, Hydration Multiplier + Immune Support, Energy Multiplier, and Sleep Multiplier varieties—are touted as able to “hydrate better than water alone,” “made from quality ingredients,” and “free from” GMOs, dairy, gluten, soy, and artificial sweeteners, flavors, colors and, importantly, preservatives, the suit states. 

“Indeed, Defendants advertise the Products with the intention that consumers rely on the representation made on the packaging that the Products have ‘No Preservatives,’” the complaint alleges.

According to the filing, the Federal Food, Drug & Cosmetic Act defines a chemical preservative as any chemical that, “when added to food, tends to prevent or retard deterioration thereof,” not including salt, sugars, vinegars, spices or oils extracted from spices, among other exemptions. The case says citric acid is a preservative within the meaning of the law regardless of the reason it is added to a food product and any other function it might perform. 

“This is even more the case here where Defendant has not declared a contrary purpose for adding citric acid and the Products separately contain flavorings (i.e., ‘natural flavor’) as an ingredient,” the suit reads. 

The case goes on to state that the Liquid I.V. products contain, in addition to citric acid, at least three other ingredients with preservative functions, namely potassium citrate, sodium citrate and ascorbic acid.

The lawsuit looks to cover all persons in the United States who bought any of the Liquid I.V. products listed on this page during the applicable statute of limitations period. 

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