SAN FRANCISCO (Legal Newsline) – A California man is suing the makers of a kombucha brand over allegations the fermented tea drinks contain "significant levels of alcohol."
Gary Freedline, individually and on behalf of all others similarly situated, filed a complaint on April 10 in the U.S. District Court for the Northern District of California against O Organics LLC and Lucerne Foods Inc. citing California's Consumers Legal Remedies Act, Unfair Competition Law, False Advertising Law, breach of express warranty, breach of implied warranty, negligent misrepresentation, fraud and unjust enrichment.
The suit states the plaintiff purchased O Organics kombucha beverages under the belief the drinks were non-alcoholic. The plaintiff alleges that the drinks contain more than three to five times the amount of alcohol allowed for a non-alcoholic beverage and that there was no warning regarding the drink's alcohol content.
He also alleges the defendants "greatly understate" the sugar content of the drinks on the labels.
The plaintiff alleges he would not have purchased the products had he known "they contained significant levels of alcohol and were considered alcoholic beverages," the suit states.
The plaintiff is seeking trial by jury, interest and compensatory and punitive damages. The plaintiff is represented by L. Timothy Fisher, Yeremy Krivoshey and Frederick J. Klorczyk III of Bursor & Fisher in Walnut Creek, California.
U.S. District Court for the Northern District of California case number 3:19-CV-01945