Yogi Tea Lawsuit Alleges Immune Support Tea Recall Was Designed to Minimize Refunds
Kaatz v. East West Tea Company, LLC
Filed: May 24, 2024 ◆§ 7:24-cv-03996
A class action lawsuit alleges the voluntary recall for Yogi Echinacea Immune Support Tea was designed to prevent consumers from getting refunds.
New York
A proposed class action lawsuit alleges that Yogi Echinacea Immune Support Tea has been falsely advertised and that a voluntary recall of the product over the potential presence of pesticides was intentionally designed to prevent the public from receiving refunds.
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The 22-page lawsuit against East West Tea Company says the packaging of the recalled Yogi Tea fails to disclose that the product contains, or is at risk of containing, potentially life-threatening pesticides, which undermines the claim that the tea provides “immune support,” the suit contends.
According to East West Tea Company, “unexpected traces of pesticides” were found in the Yogi Tea amid routine audit procedures. The company said it does not use pesticides but exists “within a complex supply chain network” in which pesticides and chemical fertilizers may drift onto its farmers’ organic land from neighboring farms.
Per the FDA, more than 54,000 boxes of the Yogi Echinacea Immune Support Tea—nearly 900,000 tea bags—were voluntarily recalled starting in March 2024 by the East West Tea Company after “pesticide residues were detected above action levels.” Actions levels for pesticides were established by the FDA to ensure that food treated with the chemicals is safe to eat.
The filing says, however, that in order to obtain a full refund through the recall, consumers must retain the Yogi Tea product at issue and return it to the original purchase location. The lawsuit challenges that the 2024 Yogi Tea recall was “deliberately designed” to prevent consumers from receiving refunds.
As the suit tells it, East West Tea Company knows full well that any consumer who heard about the recall “would be predisposed to throwing the Product away” and that the public may shop at multiple locations or fail to maintain receipts, precluding them from receiving a full Yogi Tea refund.
“Accordingly, Defendant’s recall is designed to reach very few people and designed to benefit very few of the consumers who purchased the Product,” the Yogi Tea class action alleges. “The class action remedy is superior to Defendant’s failed recall in every conceivable fashion.”
The proposed class action accuses East West Tea Company of wielding a marketing and advertising campaign that purposely omits that the Yogi Echinacea Immune Support Tea contains pesticides, leading reasonable consumers to believe they are not at risk of consuming a dangerous substance.
“Defendant’s advertising and marketing campaign is false, deceptive, and misleading because the Product does contain, or risks containing, pesticides, which are dangerous to one’s health, well-being, and even life. Nevertheless, Defendant does not list or mention pesticides anywhere on the Product’s packaging or labeling.”
The case says consumers have “lost the entire benefit of their bargain” when they bought Yogi Tea contaminated with undisclosed pesticides.
The Yogi Tea lawsuit looks to cover all consumers who bought Yogi Echinacea Immune Support Tea anywhere in the United States within the applicable statute of limitations period.
The lot numbers of Yogi Tea products recalled by the company include Lot #0000184330, Lot #0000184853, Lot #0000185098, Lot #0000185100, Lot #0000185383, Lot #0000185385, Lot #0000185387, Lot #0000185389, Lot #0000185434, Lot #0000185436, Lot #0000185828, Lot #0000185830, Lot #0000185832, Lot #0000186519, Lot #0000186521, Lot #000184062, Lot #0000186900, Lot #0000186902, Lot #0000186904, Lot #0000187357, Lot #0000187359, Lot #0000187400, Lot #0000187402, Lot #0000187769, Lot #0000188028, Lot #0000188030, Lot #0000188045, Lot #0000188114, Lot #0000186600, Lot #0000186910, Lot #0000187155, Lot #0000184691, Lot #0000184963, Lot #0000185381 and Lot #0000185518.
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