Celsius Drink Ingredients Still Face Scrutiny in False Ad Class Action Lawsuit

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Celsius Drink Ingredients Class Action Overview:  

• Who: Celsius Holdings, Inc failed to dodge a class action lawsuit accusing it of misleading consumers about its fitness drink ingredients.  
• Why: The company faces claims that it misrepresents Celsius drinks as containing real fruit juice.  
• Where: A California federal judge refused to toss the claims in an order issued Tuesday.  

A company that makes and markets sparkling water beverages failed to convince a federal judge to toss a class action lawsuit alleging it misled consumers about Celsius drink ingredients.  

Lead plaintiffs, Jimy Ruiz and Michael Cavallero, claimed that they and other consumers had been misled about Celsius drink ingredients, specifically about whether the beverage contained real fruit juice. They pointed to pictures of fruit on the cans, along with statements indicating the drink contains “0 sugar” and only 10 calories; however, Celsius drink ingredients do include a sugar substitute, sucralose.

In addition, Ruiz and Cavallero noted that competitors, such as Gatorade, discloses that their drinks are “flavored,” while Celsius denotes its product as “synthesized.” 

The company sought a quick end to the allegations, but U.S. District Judge Gonzalo P. Curiel rejected the beverage maker’s motion to dismiss the class action lawsuit in an order issued Tuesday.  

Bev Co Contends Celsius Drink Ingredients Clear 

The company contended that a “reasonable consumer knows glancing at the Celsius label that the product is flavored to taste like the fruit pictured” and does not contain juice, pointing out that Celsius drink ingredients do not include any sugar and few calories.  

Celsius also argued that its cans could not be construed as deceptive.  

“The ‘Sparkling Grape Rush’ … shows grapes but no ‘rush.’ Were the plaintiffs deceived by that image?” Celsius asked in its motion to dismiss. “What about ‘Sparkling Wild Berry’? Are the berries shown insufficiently ‘wild?’ The mind truly boggles.” 

Judge Says Dismissal of Celsius Drink Ingredients Class Action Premature 

The beverage company’s arguments failed to convince Judge Curiel who refused to dismiss the Celsius drink ingredients class action lawsuit. The Judge rejected Celsius’s argument that a consumer would know that a low-calorie, sugar free drink did not contain any juice, despite representations of fruit on the labeling.  

“Defendant argues that a reasonable consumer would not conclude that a sugar-free, low-calorie beverage contains any fruit…but this is a factual assertion that depends on whether it is commonly known that it is not possible to make a sugar-free, low-calorie drink that includes any amount of fruit,” states the order.  

Consumers are becoming increasingly concerned about the ingredients in their popular low-calorie, low-sugar sparkling water beverages. Class action lawsuits have been filed against Poland Spring, La Croix, Whole Foods, and Kroger about the ingredients that make up their sparkling water beverages. 

Have you purchased these drinks? What do you think about the Celsius drink ingredients class action lawsuit? Tell us in the comment section below! 

The plaintiffs are represented by Kuzyk Law LLP, and Jordan L. Lurie and Ari Y. Basser of Pomerantz LLP. 

The Celsius Drink Ingredients Class Action Lawsuit is Ruiz, et al. v. Celsius Holdings, Inc., Case No. 3:21-cv-00128-GPC-KSC.

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