PORTLAND, Ore. (Legal Newsline) – An Idaho man is claiming that a specific brand of kombucha drinks sold at stores such as Jewel Osco, Whole Foods, Costco and other health food stores do not contain the amount of probiotic bacteria as advertised.
In his Oct. 16 complaint filed in the U.S. District Court for the District of Oregon, Portland Division, plaintiff Gunnar Amos alleges breach of express warranty, breach of implied warranty and unjust enrichment against Brew Dr. Kombucha LLC.
Amos claims the defendant's kombucha tea products are "falsely advertised and labeled as having a significantly higher amount of probiotic bacteria than the products sold actually contained."
The plaintiff alleges that the defendant advertises on its drinks that each bottle contains "billions" of live and active cultures, but independent laboratory testing discovered less than that figure. The plaintiff alleges the defendant's Clear Mind kombucha bottle only contains 50,000 colony forming units of bacteria.
Amos seeks actual or compensatory damages, disgorgement and any other relief the court deems just. He is represented by Steve Larson of Stoll Stoll Berne Lokting & Shlachter PC in Portland, Oregon and Myles McGuire and Eugene Turin of McGuire Law PC in Chicago.
U.S. District Court for the District of Oregon, Portland Division case number 3:19-cv-01663-JR