Switch Sparkling beverages contain preservatives despite claims, New York consumer alleges

By Bree Gonzales | Nov 1, 2018

BROOKLYN, N.Y. (Legal Newsline) – A New York resident consumer alleges a brand of sparkling fruit juices misleads consumers into thinking they are purchasing healthier products that are lower in calories.

Derrick Reaves filed a complaint on behalf of himself and others similarly situated on Oct. 12 in the U.S. District Court for the Eastern District of New York against Apple & Eve LLC citing the New York Deceptive and Unfair Trade Practices Act and other counts.

According to the complaint, the plaintiff alleges that on March 22, he purchased a 24-variety pack of the defendant's Switch Sparkling beverages from Amazon.com for $25.99. The suit states the products are advertised as low-calorie drinks that do not contain preservatives and no added sugar.

The plaintiff alleges these claims are false as the drinks contain preservatives citric and/or ascorbic acids and the low-calorie representation is misleading because the drinks have a high calorie count compared to competitor's products.

"Defendant’s 'no sugar added' representations induce reasonable consumers into thinking that a higher calorie product is actually low-calorie, and to choose the higher calorie product over lower calorie alternatives," the suit states.

The plaintiff requests a trial by jury and seeks restitution and disgorgement of all amounts obtained by the defendant, compensatory damages, actual and/or statutory damages, statutory prejudgment and post-judgment interest, attorneys’ fees and costs. He is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.

U.S. District Court for the Eastern District of New York case number 1:18-cv-05728-NGG-JO

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Lee Litigation Group, PLLC U.S. District Court for the Eastern District of New York

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