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Drip Drop false advertising class action lawsuit overview:
- Who: Jesse Helems filed a class action lawsuit against Drip Drop Hydration, Inc.
- Why: Helems claims Drip Drop falsely advertises that its Oral Rehydration Solutions powders are entirely naturally flavored.
- Where: The class action lawsuit was filed in California federal court.
Drip Drop Hydration falsely advertises that its Oral Rehydration Solutions (ORS) powders are exclusively naturally flavored, a new class action lawsuit alleges.
Plaintiff Jesse Helems claims Drip Drop’s ORS powders are, in reality, artificially flavored with DL malic acid, a “synthetic substance derived from petrochemicals.”
Helems argues the use of DL malic acid as an ingredient is in contrast to Drip Drop’s alleged representations that its ORS powders are entirely flavored with natural fruit.
“By using depictions of fruits on the packages, Drip Drop signals to consumers, and consumers reasonably understand Drip Drop to be claiming, that the Products are flavored only by the depicted fruits,” the Drip Drop class action states.
Drip Drop class action alleges false advertising an attempt to appeal to consumers seeking natural food products
Drip Drop allegedly falsely advertises that its ORS powders are entirely naturally flavored to “appeal to consumers who seek out natural food products and are willing to pay more for them,” the Drip Drop class action alleges.
Helems argues that, in addition to using pictures of fruit to represent that the product is naturally flavored, Drip Drop also highlights that it uses “natural” ingredients in its FAQ.
“These claims made on the labels and associated marketing materials of the Products are false. The Products are artificially flavored,” the Drip Drop class action states.
Helems claims Drip Drop is guilty of unjust enrichment and in violation of California’s Consumer Legal Remedies Act and two sections of its Business and Professions Code.
She demands a jury trial and requests declaratory and injunctive relief along with an award of actual and other damages for themselves and all class members.
Helems wants to represent a nationwide class of consumers who have purchased Drip Drop’s ORS powders within the past four years.
A consumer filed a similar class action lawsuit against the makers of Polar lemon seltzer and Poland Springs sparkling lemon water over claims they falsely marketed that the product’s contained only natural lemon flavoring.
Have you purchased Drip Drop’s ORS powder? Let us know in the comments!
The plaintiff is represented by Charles C. Weller of Charles C. Weller, APC.
The Drip Drop false advertising class action lawsuit is Helems v. Drip Drop Hydration, Inc., Case No. 3:22-cv-01419, in the U.S. District Court for the Southern District of California.
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