Judge Tosses Claims in Tetley Tea Mislabeling Class Action Lawsuit

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

In ongoing mislabeling class action lawsuit filed against Tetley USA Inc., the presiding judge has dismissed allegations that the New Jersey-based company deceived its customers through alleged health benefits claims of the antioxidants found in its teas. However, the Tetley class action lawsuit will go forward in court with standing charges of fraudulent and misleading product labeling.

According to U.S. District Judge Edward J. Davila, the lead plaintiff failed to plead reliance when filing claims that Tetley violated the Unfair Competition Law based on alleged deceptive marketing tactics and “misbranding” through what the plaintiff alleges are illegal statements about the efficacy of the antioxidants in Tetley brand teas.

According to Judge Davila’s judgment regarding this specific claim in the Tetley class action lawsuit, “Plaintiff cannot circumvent the reliance requirement by simply pointing to a regulation or code provision that was violated by the alleged label misrepresentation, summarily claiming that the product is illegal to sell and therefore negating the need to plead reliance.” Based on this, Judge Davila has dismissed this claim of the Tetley tea mislabeling class action lawsuit without prejudice.

The Tetley tea mislabeling class action lawsuit was filed by lead plaintiff Daryl De Keczer in California federal court back in August 2012.

Based on labeling and marketing tactics allegedly taken by Tetley USA Inc., De Keczer alleges that the tea company violated California’s Unfair Competition Law, the False Advertising Law, and the Consumer’s Legal Remedies Act. Although Judge Davila has thrown out De Kezcer’s Unfair Competition allegation, the other charges against Tetley still stand.

The main objective of De Kezcer’s misbranding class action lawsuit is to address marketing statement like: “Tetley Tea: the smart choice for your healthy lifestyle: Like fruits and vegetables, tea is an excellent source of natural antioxidants which help boost the body’s immune system. So, drink to your health with Tetley.” The plaintiff alleges that Tetley’s competitors had already been warned by the U.S. Food and Drug Administration (FDA) about similar marketing strategies and health claims touted by other tea brand makers.

According to De Keczer’s tea mislabeling class action lawsuit:

“Plaintiff is a California consumer who purchased two of Defendant’s bagged tea products: (1) British Blend Premium Black Tea, 80 bags, 7 oz, and (2) Green Tea, 40 bags, 2.8 oz.[and, therefore] Plaintiff brings a putative class action suit against Defendant on behalf of all persons in the United States who, since May 11, 2008 to the present, purchased the same or substantially similar food products (“nonpurchased Products”) allegedly mislabeled.”

The primary allegations and the proposed Class for the Tetley class action lawsuit still stand. During the last two years of litigation, Tetley has attempted to dismiss the mislabeling class action lawsuit and recently argued that against De Keczer’s claims based on the passing of the Food, Drug and Cosmetic Act. However, Judge Davilla rejected Tetley’s argument, stating that the plaintiff was able to pursue the filed allegations via the Sherman law.

Although one of the claims against Tetley was thrown out of court, the Tetley tea mislabeling class action lawsuit still stands.

De Keczer is represented by Ben F. Pierce Gore of Pratt & Associates and J. Price Coleman.

The Tetley Tea Mislabeling Class Action Lawsuit is Daryl De Keczer, et al. v. Tetley USA Inc., Case No. 5:12-cv-02409, in the U.S. District Court for the Northern District of California.