Virgil's Soda alleged to have falsely advertised drinks as having no preservatives

By Jenie Mallari-Torres | Nov 28, 2018

NEW YORK (Legal Newsline) – A New York woman alleges a brand of soda falsely advertises that the drinks are made without preservatives.

Denise Mason filed a complaint individually and on behalf of other similarly situated individuals on Nov. 19 in the U.S. District Court for the Southern District of New York against Reed's Inc., doing business as Virgil's Soda, alleging breach of express warranty, common law fraud, unjust enrichment and other counts.

According to the complaint, the defendant manufactures soda and advertises that the beverages are made naturally or made with natural ingredients and do not contain preservatives. These sodas include Virgil's Root Beer and Virgil's Orange Cream Soda.

The plaintiff alleges the no preservative labeling is false because the drinks contain citric acid, a synthetic compound used as a preservative.

"This labeling deceives consumers into believing that they are receiving healthier preservative-free soda even though these products cannot live up to these claims," the suit states.

The plaintiff holds Reed's Inc. responsible because the defendant allegedly misleadingly, inaccurately and deceptively presented the products to the public.

The plaintiff requests a trial by jury and seeks judgment against the defendant; certify class action; award compensatory, treble and punitive damages; interest; monetary relief; declaratory and injunctive relief; attorney's fees; expenses; costs of suit; and further relief as the court deems just. She is represented by Michael J. Gabrielli of Gabrielli Levitt LLP in Bronx, New York.

U.S. District Court for the Southern District of New York case number 1:18-cv-10826

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