CENTRAL ISLIP, NY (Legal Newsline) – The maker of Izze Sparkling beverages is alleged to use deceptive practices in the product's advertising to cause consumers to believe they purchased a healthier, low-calorie product.
Elizabeth Toribio filed a complaint on behalf of herself and others similarly situated on June 22 in the U.S. District Court Eastern District of New York against PepsiCo Inc. alleging violation of New York general business laws.
According to the complaint, the plaintiff alleges that on Jan. 18, she purchased an Izze Sparkling Grapefruit beverage, relying on defendant's representations on its product packaging that it had no added sugar and no preservatives. She alleges this is misleading because the beverages have citric or ascorbic acid and that a "no added sugar" label misleads consumers into believing the products are low calorie.
The plaintiff alleges she was injured by purchasing a product that did not deliver the qualities it promised.
The plaintiff requests a trial by jury and seeks an order appointing the plaintiff as the class representative and her counsel as the class counsel, restitution and disgorgement of all amounts obtained by the defendants, recoverable compensatory, actual and/or statutory damages and all legal fees. She is represented by C.K. Lee and Anne Seelig of Lee Litigation Group LLC in New York.
U.S. District Court Eastern District of New York case number 2:18-cv-03637-SJF-ARL