Consumer alleges alcohol content in Health-Ade Kombucha drinks is misleadingly advertised

By Noddy A. Fernandez | Mar 14, 2018

SAN FRANCISCO (Legal Newsline) – A consumer alleges that a beverage she purchased from Whole Foods does not warn that the drink contains alcohol.

Gabriela Bayol, individually and on behalf of all others similarly situated, filed a complaint on March 6 in the U.S. District Court for the Northern District of California against Health-Ade LLC and Whole Foods Market California Inc. over allege violation of California’s Consumers Legal Remedies Act and California’s Unfair Competition Law, plus other counts.

According to the complaint, the plaintiff alleges that she and numerous consumers purchased Health-Ade Kombucha beverages based on the advertisement that the beverages are non-alcoholic. However, upon information and belief, the plaintiff alleges the beverages contain more than twice the alcohol allowed for nonalcoholic beverages that that the drinks may pose grave and immediate safety risk to people whom the beverages are sold. 

The plaintiff also alleges the sugar content of the beverages is understated to make them "appear healthier than they really are."

The plaintiff holds Health-Ade LLC and Whole Foods Market California Inc. responsible because the defendants allegedly failed to disclose to its customers that the beverages are above .5 percent alcohol by volume as required for any alcoholic beverage.

The plaintiff requests a trial by jury and seeks for compensatory and punitive damages, prejudgment interest, order of restitution, injunctive relief, award of attorneys’ fees and expenses and costs of suit. She is represented by L. Timothy Fisher, Joel D. Smith and Yeremey Krivoshey of Bursor & Fisher PA in Walnut Creek, California.

U.S. District Court for the Northern District of California Case number 4:18-cv-01462-KAW

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Bursor & Fisher, P.A U.S. District Court for the Northern District of California

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