NEW YORK (Legal Newsline) – Two New York consumers allege that LaCroix sparkling water is falsely labeled as all-natural.
Adenike Graham and Kimberly McNulty filed a complaint on behalf of themselves and all others similarly situated on Jan. 29 in the U.S. District Court for the Southern District of New York against National Beverage Corp. alleging violation of the Unfair and Deceptive Trade Practices Act and other counts.
According to the complaint, the plaintiffs allege that in December 2018, Adenike Graham and Kimberly McNulty purchased LaCroix products on two separate occasions. They allege they purchased the beverages "in large part" because of the claims that drinks were all-natural or 100 percent natural.
The plaintiffs allege the defendant's natural claims are not true, citing a report from the Center for Applied Isotope Studies at the University of Georgia, which found various LaCroix flavors were "comprised of between 36 percent and 98 percent synthetic ingredients."
The plaintiffs hold National Beverage Corp. responsible because the defendant allegedly omitted material facts regarding the LaCroix products by failing to disclose they contained synthetic ingredients.
The plaintiffs request a trial by jury and seek monetary damages, including statutory damages, restitution of the funds that unjustly enriched defendant, attorneys’ fees and costs, interest as provided by law, including but not limited to prejudgment and post-judgment interest. They are represented by Mitchell M. Breit of Breit Simmons Hanly Conroy LLC in New York and Greg Coleman, Rachel Soffin and Lisa A. White of Greg Coleman Law PC in Knoxville, Tennessee, and others.
U.S. District Court for the Southern District of New York case number 1:19-cv-00873-AT