Nova Easy Kombucha Not as Healthy as Advertised, Class Action Alleges
Last Updated on September 30, 2024
Renn v. Otay Lakes Brewery, LLC
Filed: June 20, 2023 ◆§ 3:23-cv-01139-GPC-BLM
A class action claims the maker of Nova Easy Kombucha has misled consumers by marketing its alcoholic beverages as healthy, when, in truth, consuming alcohol can cause a variety of health issues.
California
A proposed class action claims the maker of Nova Easy Kombucha has misled consumers by marketing its alcoholic beverages as healthy, when, in truth, consuming alcohol can cause a variety of health issues.
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The 25-page lawsuit says that although Otay Lakes Brewery, LLC touts that its line of alcoholic kombucha is “good for you” and promotes “health, balance and goodness,” the products are six to eight percent alcohol by volume. The filing stresses that the consumption of alcohol is proven to be detrimental to overall health as it can heighten the risk of numerous adverse conditions.
According to the suit, the Nova Kombucha products at issue are sold in a variety of flavors, including Sexy Piña Colada, Mint Watermelon, Cactus Fruit Agave Jalapeño, Peachy Lychee, Strawberry Coconut, Peach Passion Fruit, Sexy Mojito, Mango Ginger, Hibiscus Lavender, Acai Berry Guarana, Mango Chili, Orange Brunch, Tangerine Turmeric Cayenne Pepper Ginger, Amarena Cherry and La Ola Dragon Fruit.
The case argues that the products’ marketing preys on consumers’ demand for healthy beverages, as the drinks are labeled with misleading statements about their apparent wellness benefits. For example, the complaint relays that a statement on the side of the cans reads, “[some] things in life are good for you, other things in life are fun. They don’t meet each other very often, but when they do, life gets pretty brilliant, pretty quickly. Nova Easy Kombucha is one of those rare things where health, balance and goodness get a lot more interesting.”
The filing contends that the health and wellness message used to advertise the products is deceptive because it is widely acknowledged that consuming alcohol—even in small amounts—increases the risk of disease and cancer and damages almost every major organ in the body, particularly the liver.
“In short, there is no safe level of alcohol consumption,” the lawsuit explains, “and any increase in consumption increases risk of disease.”
Per the suit, the Nova Kombucha products are misbranded under federal and state law because they fail to disclose material facts with respect to the harmful health consequences that may be caused by consuming them.
The plaintiff, a California resident, has bought Nova Easy Kombucha in a variety of flavors since 2022 and believed, based on the challenged representations, that the beverages would not be detrimental to his health, the case says. The man claims that he would not have purchased the alcoholic kombucha had he known that consuming it would increase the risk of cancer and numerous other adverse conditions.
The lawsuit looks to represent anyone in the United States who purchased any of the Nova Easy Kombucha products listed on this page for personal use at any time since June 20, 2019.
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