Rowdy Energy Power Burn Drinks Falsely Advertised as Preservative-Free, Class Action Claims

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A proposed class action claims Rowdy Beverage has misled consumers by advertising its Power Burn energy drinks as preservative-free when the products in fact contain the additives citric acid and ascorbic acid.

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The 23-page lawsuit says that despite the front-label claim that Rowdy Energy Power Burn drinks have “NO PRESERVATIVES,” the products, in truth, contain citric acid and ascorbic acid—two ingredients commonly used as preservatives in food products. The alleged misrepresentation is meant to attract health-conscious consumers in search of items that are free from chemical additives like preservatives, the suit argues.

Both citric acid and ascorbic acid prevent microbial growth and oxidation in food products, which helps preserve color and flavor, the case explains. The filing relays that citric acid is also commonly used to enhance a product’s tartness or sweetness.

The lawsuit charges that the energy drinks’ preservative-free representation is misleading because both of the additives can function as preservatives, even in small amounts.

By marketing the drinks this way, the defendant aims to capitalize on consumers’ increasing desire for “free-from” products—items that are “clean,” less processed or more natural because they contain no chemical additives, the suit shares. As the case tells it, shoppers are willing to pay premium prices for “clean” products because they believe the items are safer and healthier than others.

The plaintiff, a New York resident, bought the Rowdy Energy drinks in December 2022 and believed, based on the defendant’s representations, that they were preservative-free, the complaint states. According to the filing, the man would not have paid as much, or purchased the drinks at all, had he known that they contained citric acid and ascorbic acid, two commonly used preservatives.

The lawsuit looks to represent anyone in the United States who purchased Rowdy Energy Power Burn energy drinks, including the Mango Dragonfruit, Pineapple Passionfruit, Pink Lemonade and Watermelon varieties, for personal use and not for resale within the applicable statute of limitations period.

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