SAN FRANCISCO (Legal Newsline) – The maker of Vizzy hard seltzers have lost their bid to cut off a class action lawsuit that claims drinkers are tricked into thinking they are taking in a substantial amount of vitamin C.
U.S. District Judge William Orrick, of the District of Northern California, on Jan. 14 allowed claims against Molson Coors Beverage Company USA, finding the company consented to jurisdiction of California’s courts and that the plaintiff’s claims are reasonable.
Two months earlier, attorneys for Molson Coors argued in its motion to dismiss that reasonable customers would not think drinking a hard seltzer is healthy or the same as eating a piece of fruit.
“This argument ignores the FDA’s own guidance that fortification of alcoholic beverages could be false and misleading,” Orrick wrote.
“It also ignores the disputes of fact about how reasonable consumers would interpret the phrase ‘with Antioxidant Vitamin C from acerola superfruit.’ As plaintiffs point out, that statement is prominent on all of the Vizzy packaging and featured prominently in marketing materials to distinguish Vizzy from its competitors.”
The lawsuit claims the addition of vitamin C to the products provides only 20% of the recommended daily intake of vitamin C per 12-ounce can and that alcohol consumption interferes with nutrient absorption.
The lawsuit also takes issue with the term “superfruit,” arguing little evidence supports the idea that superfruits are nutrient-dense. Plaintiff Jennifer Marek alleges she paid more money than she would have paid for another or a similar alcoholic beverage product that was not unlawfully fortified and labeled with misleading nutrient content claims.
Hayley Reynolds of Gutride Safier is representing the plaintiff.