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Lawyers say AriZona beverages cannot be advertised as free of preservatives because they contain citric acid

By Carrie Bradon | Jun 3, 2019


LOS ANGELES (Legal Newsline) – A consumer alleges that AriZona beverages are falsely advertised as being free of preservatives.

Ahmed Ashour, individually and on behalf of all others similarly situated, filed a complaint on May 14 in the U. S. District Court for the Central District of California against Arizona Beverages USA LLC, Hornell Brewing Co. Inc., Beverage Marketing USA Inc., Arizona Beverages Holdings LLC, Arizona Beverages Holdings 2 LLC alleging violation of California Unfair Competition Law, violation of the California False Advertising Law, unjust enrichment and other counts.

The suit states the defendants manufacture and distribute beverage products under the AriZona brand name, including iced tea with lemon flavor, green tea with ginseng and honey and grapeade.

The plaintiff alleges he purchased the defendants' products because they were advertised as having no preservatives. The suit states, however, that the defendants' items do include citric acid, a preservative. The plaintiff alleges he would not have purchased the items or paid the prices he did had he known they contained preservatives.

The plaintiff is seeking a trial by jury; restitution; actual, statutory and punitive damages; attorneys' fees; costs; and other relief deemed fit. The plaintiff is represented by Daniel L. Warshaw and Melissa S. Weiner of Pearson, Simon & Warshaw LLP in Sherman Oaks, California and Minneapolis and Michael R. Reese of Reese LLP in New York.

U.S. District Court for the Central District of California case number 2:19-CV-04170

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