Kombucha Company’s Drinks Secretly Contain Alcohol, Class Action Lawsuit Alleges

A Florida beverage company is “passing off” its kombucha as non-alcoholic, when the drinks contain enough alcohol for the effects to be felt, a new nationwide class action lawsuit alleges.

The proposed class action lawsuit was filed against Kombucha 221 B.C. (BC Kombucha) in the Southern District of Florida Tuesday. 

Three Florida consumers say they each bought BC Kombucha at some point over the last two years believing it was non-alcoholic, with one buying it at least a couple of times a month. 

Consumer Michael Brothers said he once bought a whole round of BC Kombucha drinks for him and his employees to drink at work. 

“However, shortly after consuming the BC Kombucha beverage, Mr. Brothers and his staff felt the effects of alcohol,” the lawsuit states. “Mr. Brothers would not have purchased the products at the time had he known that they contained significant levels of alcohol and were considered alcoholic beverages.”

The trio said they bought the drinks in the non-alcoholic drinks section of retailers Publix, B.J.’s Wholesale and Whole Foods. BC Kombucha is sold at major supermarkets nationwide.

In the lawsuit, each of the consumers said the drinks they bought weren’t labeled with a government alcohol warning, and had no other “clear or conspicuous warning” regarding their “high alcohol content.” 

They didn’t have to show ID to purchase the kombucha drinks, either. 

“Defendant has passed off several of its kombucha beverages as non-alcoholic, when, in fact, the beverages contain more than twice the alcohol allowed for non-alcoholic beverages,” the class action lawsuit states.

“The alcoholic beverages are sold to unsuspecting children, pregnant women, persons suffering with alcohol dependence issues, and a host of other people for whom alcoholic consumption may pose a grave and immediate safety risk.”

Kombucha is a fermented type of black or green tea which is touted as having numerous health benefits. The yeast and healthy bacteria cultures in the drinks are said to be probiotic – meaning that they can provide benefits to gut health, and the kombucha industry has exploded in recent years.

When kombucha is made “the real way,” without pasteurization, it becomes alcoholic over time as the living yeast in the product converts sugars into alcohol, the lawsuit states. 

In 2010, major retailers throughout the country were forced to immediately stop selling kombucha because it was discovered that it could contain alcohol levels as high as 2.5 percent, the lawsuit stated. 

Consumers Demand BC Kombucha Change its Labeling to Reflect Alcohol Content

A beverage must contain less than 0.5% alcohol to be classified as non-alcoholic. Using an accredited laboratory, the lawsuit said it proved over a year of testing that BC Kombucha consistently contained more than 0.5% alcohol.

Thus, a label on the back of BC Kombucha stating “may contain a trace amount of alcohol” was false and insufficient warning, the consumers said.

In 2020, the group sent a letter to the company, and it changed its warning to add more information including “do not consume if you are avoiding alcohol.” However, it is still being sold to people under 21 years old.

The plaintiffs are looking to represent a national class of BC Kombucha consumers, plus two multi-state classes. The flavors named in the lawsuit are Acai Beet, Grapefruit Bee Pollen, Hibiscus Berry, Ginger, Moringa Lavender, Orange Turmeric, Jun Honey Matcha, and Lemon Chlorophyll.

The consumers are suing the company for fraud, breach of warranty, negligent misrepresentation and unjust enrichment. They are seeking a jury trial, certification of the class, damages, interest, fees, restitution and an injunction forcing the company to change its product or labeling.

This is not the first time kombucha has been at the center of lawsuits surrounding its alcohol content. In 2017, a $8.25 million settlement was reached over claims that GT’s Classic Kombucha and GT’s Enlightened Kombucha products were misrepresented as being non-alcoholic.

However, in Jan. 2020, GT was back in court, with new plaintiffs alleging its Enlightened Kombucha contained between 18 to 442 percent more alcohol than is legally allowed in non-alcoholic drinks.

Did you know that kombucha could contain alcohol? What kind of warning would you expect to see on the label? Let us know in the comments! 

The plaintiffs are represented by Scott A. Bursor and Yeremey O. Krivoshey of Bursor & Fisher, P.A. 

The BC Kombucha Alcoholic Drink Class Action Lawsuit is Michael Brothers, Jamiel Brown, and Jamie King Colton et. al., v. MAD at S.A.D., LLC d/b/a Kombucha 221 B.C, Case No. 0:21-cv-60542, in the United States District Court Southern District of Florida.

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