Christina Van Allen filed a class action complaint against Fermented Sciences Inc., alleging the defendant of breaching warranty, negligent misrepresentation, unjust enrichment, and violating state consumer protection laws through its hard seltzer advertising.
According to the complaint, the defendant manufactures, markets, and sells hard seltzer and hard kombucha. These products are promoted with health-related phrasing such as “Antioxidants,” “Real Botanicals,” and “Crafted with Live Probiotics.” The complaint alleges that these drinks are marketed to their consumers based on their putative health benefits. The complaint references the harmful effects of alcohol and asserts that the addition of the healthy ingredients to an alcoholic beverage is misleading.
The complaint concludes that “A reasonable consumer would expect that the Products are a healthful source of nutrients and dietary ingredients, such that these additions outweigh any negative effects otherwise associated with alcohol consumption.”
The plaintiff seeks the following for relief: certification as a class action, preliminary and permanent injunctive relief for the defendant to correct their unlawful practices, monetary damages, awards of costs and expenses.