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Sunday, October 13, 2019

Bai drinks don't include real fruit, class action alleges

Federal Court

By Marian Johns | Aug 6, 2019


LOS ANGELES (Legal Newsline) – A Los Angeles man is claiming that Bai Brands and Dr Pepper Snapple Bottling Group are violating federal and state labeling laws because the labels on their line of bai Antioxidant Cocofusion beverages falsely advertises that the drinks contain real fruit ingredients. 

According to the July 19 U.S. District Court for the Central District of California Western Division filing, plaintiff Daniel Schwartz filed a class action suit against defendants Bai Brands LLC and Dr Pepper Snapple Bottling Group alleging violation of the Consumer Legal Remedies Act, false and misleading advertising, unfair competition and unjust enrichment. 

The plaintiff alleges that the defendants' bai Antioxidant Cocofusion beverages have front labels that display "in bold uppercase letters" two fruits along with "color images" of two fruits. The plaintiff argues the label display leads the consumer to believe the beverages contain "real fruit ingredients," but they really contain "flavored compounds" that "mimic" fruit taste and are not actually made from real limes, pineapples, raspberries or mangos. 

The lawsuit seeks punitive damages, declaratory, injunctive and equitable relief as well for the plaintiff along with attorneys' fees and costs. The plaintiff is represented by attorneys with Hobson, Bernardino & Davis of Los Angeles and the Law Offices of Peter N. Wasylyk of Providence, Rhode Island.

U.S. District Court for the Central District of California case number 2:19-cv-06249

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