CHICAGO (Legal Newsline) – AriZona Beverages’ zero-calorie Arnold Palmers actually have 15 calories, a new class action lawsuit complains.
Kenneth Meyers’ lawyers at Edelman, Combs, Latturner & Goodwin filed their suit in Chicago federal court on Sept. 18. It says the Food and Drug Administration recently told AriZona to label the zero-calorie version as diet.
FDA rules say products can’t be labeled as zero-calorie if they contain more than five calories.
“Because of the multiple versions of the product, the reason why a person would purchase the zero-calorie version is to get a product with zero calories,” the suit says.
“Had plaintiff known it was not zero calories he would have purchased another product.”
AriZona’s misrepresentations gave it an unfair advantage over products honestly labeled, the suit says.