Sharon Spungen Nov. 19, 2015, 9:45am


Plaintiffs from multiple states have brought a class action lawsuit against a lemonade producer for its alleged unfair and deceptive practices in the marketing of a lemonade containing non-natural products as all-natural.

Desta Tjokronolo of Queens County, New York and Lynn Moore of San Ramon, California in addition to unnamed Does 1-100, filed their class action lawsuit on Nov. 12 against defendants Monster Beverage Corp. and Hansen Beverage Co. in the U.S. District Court for the Eastern District of New York, citing allegations of negligent misrepresentation and unjust enrichment, in addition to specific claims of violations of the New York Deceptive and Unfair Trade Practices Act, California's Consumer Legal Remedies Act, California's Unfair Competition Law, and California's False Advertising Law.

The plaintiffs allege that by advertising Hubert's Lemonade Products as all-natural, the defendants engaged in a deceptive marketing practice which resulted in premium pricing. They further claim that because the lemonade in question contains industrially synthesized ascorbic and citric acids, the products themselves are in fact, not "minimally processed" as advertised. In addition, the plaintiffs contend that claiming to have them be premium natural products has resulted in deception, unfair trade practices, and false advertising on the part of defendants in violation of laws in all 50 states.

Plaintiffs allege they have been harmed due to the market premium placed on natural products and the defendants have therefore been unjustly enriched. Defendants' product labels and related advertising, according to the plaintiffs' allegations, is misleading, misbranded and false, and intended to and in fact does take advantage of the market premium afforded to all natural products. Plaintiffs further claim that the defendants are in violation of food labeling laws as the products are misbranded and thus ineligible for sale.

Plaintiffs seek a jury trial and claim the amount in controversy exceeds $5,000,000. They are represented by C.K. Lee of Lee Litigation Group, PLLC from New York.

U.S. District Court for the Eastern District of New York case number 1:15-cv-06482-NG-RER

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