On Thursday, plaintiff Evvie Eyzaguirre filed a putative class action against Molson Coors Beverage Company USA LLC in the Southern District of Florida. The plaintiff alleges that Defendant has engaged in false and deceptive labeling and marketing of its Vizzy Brand hard seltzer product by touting its antioxidant vitamin C content.
Following her allegations regarding defendant’s emphasis on Vitamin C in the Vizzy products, Plaintiff details the harmful effects of alcohol consumption. Moreover, she specifically alleges that the addition of vitamin C to the Vizzy Brand products is contrary to federal regulation as well as Florida law.
She also alleges that the Watermelon Strawberry Vizzy, which Molson Coors states has a “Hint of Watermelon Strawberry,” in fact does not contain any watermelon, and “at best only compounds isolated and synthesized from watermelon.”
Overall, Plaintiff contends that Defendant represents the Vizzy product as having health benefits when it does not.
Plaintiff seeks certification of two classes: a Florida Class and a Consumer Fraud Multi-State Class. The Multi-State Class consists of purchasers in Mississippi, South Carolina, Louisiana and Arkansas.
The complaint contains six causes of action: Florida Deceptive and Unfair Trade Practices Act; Violation of State Consumer Fraud Acts; Breaches of Express Warranty, Implied Warranty of Merchantability/Fitness for a Particular Purpose and Magnuson Moss Warranty Act; Negligent Misrepresentation: Fraud; and Unjust Enrichment.
Plaintiff seeks injunctive and monetary relief, including punitive damages, statutory damages, restitution and disgorgement.
Plaintiff ism represented by The Wright Law Office, P.A. and Sheehan & Associates, P.C.
