SAN DIEGO (Legal Newsline) — A California man claims the maker of Nova Kombucha drinks is misleading consumers by labeling its alcoholic drinks as promoting health and balance.
Albert Renn filed a class action complaint in the U.S. District Court for the Southern District of California against Otay Lakes Brewery LLC alleging negligent and intentional misrepresentation and other claims.
According to Renn's class action, Otay Lakes sells a line of "Nova" alcoholic kombucha, which is labeled as "good for you" and as providing "health, balance and goodness." He claims Otay Lakes' representations are false and misleading because the drinks are 6-8% alcohol by volume and alcohol causes several types of health risks.
Renn further claims that Otay knows consumers prefer and will pay more for products touted as healthy and that even a low level of alcohol can cause harm to health and increase risk of disease, including cancer. He alleges he and other consumers who purchased Nova Kombucha would have paid less or not purchased the drinks at all if the labeling had not been false and misleading. Renn claims Otay's fraudulent actions violate California law.
Renn and the class seek monetary relief, interest and all other just relief. They are represented by Jack Fitzgerald, Paul Joseph, Melanie Persinger, Trevor Flynn and Caroline Emhardt of Fitzgerald Joseph LLP in San Diego.
U.S. District Court for the Southern District of California case number 3:23-CV-01139-GPC-BLM