SAN DIEGO (Legal Newsline) – Two California consumers have filed a class-action lawsuit against a beverage maker over allegations it failed to disclose an artificial ingredient on the product's front label.
Jessica Augustine and Terri Garfinkel filed a complaint individually and on behalf of all others similarly situated and the general public on Nov. 9 in the U.S. District Court for the Southern District of California against Talking Rain Beverage Co. Inc. alleging negligent misrepresentation, among other things.
According to the complaint, the defendant manufactures Sparkling Ice beverages and advertises them as being naturally fruit flavored. They allege the drinks contain an undisclosed artificial flavor, malic acid, a synthetic chemical.
The plaintiffs hold Talking Rain Beverage Co. Inc. responsible because the defendant allegedly failed to label the artificial flavor on the front label as required by law.
The plaintiffs request a trial by jury and seek disgorgement, restitution, punitive damages, prejudgment and post-judgment interest, attorneys' fees and costs, and other and further relief the court may deem just, equitable, or proper. They are represented by Ronald A. Marron, Michael T. Houchin, and Tania Babaie of Law Offices of Ronald A. Marron in San Diego, California.
U.S. District Court for the Southern District of California case number 3:18-cv-02576-CAB-BGS