SAN FRANCISCO (Legal Newsline) - Jennifer Marek filed a federal class action complaint on September 16 in the Northern District of California against Molson Coors Beverage Company, alleging false advertisement of Vizzy hard seltzers.
According to the complaint, Molson Coors Beverage Company manufactures, distributes, markets, advertises, and sells a variety of hard seltzers under the brand name “Vizzy.” Hard seltzers are carbonated, alcoholic beverages, mainly derived from either a brewed sugar base or brewed malt base and products are labeled that they are made “with Antioxidant Vitamin C from acerola superfruit.”
Defendant’s addition of vitamin C to the Products provides only 20% of the Food and Drug Administration’s Recommended Daily Intake of vitamin C per 12 ounce can and alcohol consumption interferes with nutrient absorption, and even where a body absorbs nutrients, the suit says.
Furthermore, terms such as “superfruit” have become industry terms to denote nutrient-dense fruits, synonymous with “healthy” and “nutritious,” but little evidence supports the claim, the suit says.
Marek alleges that had Molson Coors Beverage Company unlawfully mislabel and misrepresent the hard seltzer. Marek alleges that she also paid more money than she would have paid for other or a similar alcoholic beverage product that was not unlawfully fortified and labeled with misleading nutrient content claims.
Marek seeks temporarily and permanently enjoining Defendant from continuing the unlawful, deceptive, fraudulent, and unfair business practices; compensatory damages; statutory, punitive and treble damages, restitution, attorneys fees and cost of suit. Marek is represented by Hayley Reynolds of Gutride Safier LLP.
U.S. District Court for the Northern District of California case number 3:21-cv-07174-SK