‘Literally False’: Sunny D Vodka Seltzer Not as Sugar-Free as Advertised, Class Action Says

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A proposed class action claims Sunny Delight Beverages Co. has misled consumers by falsely advertising its Sunny D Vodka Seltzer drinks as sugar-free.

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According to the 21-page lawsuit, the front-label claim that the beverages have “0g SUGAR” is “literally false” given that the seltzers are sweetened with fruit juice, and actually contain approximately 2 grams of sugar.

The suit alleges that the drinks—which are sold in flavors such as Orange Strawberry, Tangy Orange and Orange Pineapple—are misrepresented in an effort to attract health-conscious consumers in search of products that are sugar-free and, therefore, perceived to be healthier.

Per the case, although the seltzer does not feature a nutrition facts label or “any other indication of its actual sugar content,” Sunny D states on its website that the drink’s 95 calories come from “fruit juice content” and vodka. The complaint estimates based on vodka’s calorie count and the seltzer’s alcohol by volume (ABV) percentage that eight calories out of the product’s total 95 calories come from fruit juice.

“Because there are 4 calories in a gram of sugar, and about 8 calories in the Seltzer from fruit juice, there are about 2g of sugar in the Seltzer, or slightly less depending on what fruit juice(s) [Sunny Delight] uses,” the filing calculates.

As such, the sugar-free representation is misleading to reasonable consumers and in violation of state and federal law, the suit charges.

The plaintiff, a California resident, says she has purchased Sunny D seltzer numerous times because she believed it contained no sugar. The woman would not have paid as much for the drink, or bought it at all, had she known its “0g SUGAR” claim was plainly false, the case contends.

The lawsuit looks to represent anyone in the United States who purchased Sunny D Vodka Seltzer for personal use and not for resale within the past four years.

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