Buyers allege Arizona Beverage falsely advertises that tea, energy drinks are preservative-free

By Jenie Mallari-Torres | Oct 16, 2018

NEW YORK (Legal Newsline) – The labeling used by a beverage company is alleged to deceive consumers into thinking they are purchasing healthier, preservative-free beverages.

Lukas Kubilius, Vanessa Kailey and Makaylo Van Peebles filed a complaint on behalf of themselves and others similarly situated on Oct. 3 in the U.S. District Court for the Southern District of New York against Arizona Beverage Co. LLC alleging violation of New York's Deceptive and Unfair Trade Practices Act and other counts.

According to the complaint, the plaintiffs allege that the defendant deceptively advertises its iced tea and energy drink beverages as having no preservatives. They allege the defendant's beverages contain preservatives citric acid and/or ascorbic acid. 

The plaintiffs hold Arizona Beverage Co. LLC responsible because the defendant allegedly sold and continues to sell beverages with deceptive or misleading labels and misled consumers into believing that their products contain no preservatives with its false labeling claims.

The plaintiffs request a trial by jury and seek judgment against defendant, an order to maintain this suit as a class action, restitution and disgorgement of all amounts obtained by defendant, compensatory, statutory and other damages. They are represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.

U.S. District Court for the Southern District of New York case number 1:18-cv-09075

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