Flavored drinking water fake advertisement lawsuit vs Entire Meals strains credulity, say lawyers

The label on the bottles from Entire Food items – which advised us that it doesn’t comment on pending litigation – mirrors the label of most flavored waters on the market place, from Obviously Canadian​ to Nestle Splash​, showcasing photographs of lemons and raspberries coupled with the wording, ‘Lemon Raspberry Italian Glowing Mineral Drinking water with organic and natural flavors.’

The substances list on the back of the pack lists ‘carbonated mineral water’ ​and ‘organic organic flavors (raspberry, lemon).’

Plaintiff: ‘Consumers will expect the presence of a non-de minimis sum of lemon and raspberry substances, centered on the shots of these fruits…’

Sheehan – who has sued scores of food items and beverage providers in modern yrs from emerging or challenger makes these types of as Forager Task, Halo Top, RXBAR and That’s It, to CPG giants which include Conagra and Nestlé, over anything from underfilled pints to ‘made with serious milk’ claims – would make the argument that the label is location up anticipations that are not remaining met in a lawsuit* submitted April 11 in New York.

People viewing the bottle “will count on the existence of a non-de minimis quantity of lemon and raspberry substances, centered on the shots of these fruits,” ​argues the grievance.

“The illustration as ‘Lemon Raspberry,’ coupled with the visuals of the refreshing lemons and raspberries, is wrong, deceptive and deceptive due to the fact the Products lacks an considerable quantity of these elements.”

The lawsuit cites “lab investigation​” that “implies the use of much less true lemons and raspberries than customers will assume​…” and speculates that the firm most very likely utilised normal flavors that merged a bunch of compounds from a range of normal sources, but only a ‘de minimis’ volume of lemon and raspberry.

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