PepsiCo Facing Class Action Case Over ‘No Preservatives,’ ‘No Added Sugar’ Claims for Izze Sparkling Juices
Toribio v. Pepsico, Inc.
Filed: June 22, 2018 ◆§ 2:18cv3637
Pepsico's 'No Preservative' and 'No Added Sugar' claims for Izze sparkling juices are misleading to consumers, the suit alleges.
PepsiCo, Inc. finds itself as the defendant in a proposed class action lawsuit filed over its claims that its Izze brand of sparkling juice beverages contains no preservatives. The 30-page lawsuit alleges that Izze drinks, in fact, contain citric acid and/or ascorbic acid, common preservatives the case claims consumers are deceived into thinking are absent from the low-calorie beverages due to the products’ labeling.
Filed in New York, the complaint takes further issue with PepsiCo’s “No Added Sugar” claims for Izze beverages.
“[The defendant’s] beverages actually have a high calorie count when compared to competitors’ products that do not have the ‘No Added Sugar’ claim,” according to the suit.
The defendant’s misrepresentations have led many consumers to believe they’re buying a “healthier, lower-calorie juice” free of additives, the suit argues. PepsiCo has, in effect, taken advantage of consumers’ conscious gravitation toward healthier products, the lawsuit goes on, not to mention their willingness to pay more for low-calorie, nutritious foods.
The specific drinks mentioned in the suit include:
- Izze Sparkling Grapefruit;
- Izze Sparkling Blackberry;
- Izze Sparkling Clementine;
- Izze Sparkling Apple;
- Izze Sparkling Peach;
- Izze Sparkling Blueberry; and
- Izze Sparkling Pomegranate.
PepsiCo markets and advertises the above products in a way that violates consumer protection laws in all 50 states, the lawsuit claims.
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