Truly Hard Seltzer Flavors Falsely Advertised, Says Class Action Lawsuit

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Truly Hard Seltzer Flavors False Ad Class Action Lawsuit Overview: 

• Who: Consumers lodged a class action lawsuit against The Boston Beer Company, Inc. 
• Why: The plaintiffs allege Boston Beer Company falsely advertised Truly Hard Seltzer  flavors, misleading consumers into believing the alcoholic beverages contain actual fruit. 
• Where: The class action lawsuit was filed in California federal court. 

The Boston Beer Company uses misleading imagery and labeling to falsely advertise Truly Hard Seltzer flavors — duping consumers into thinking they contain fruit, a new class action lawsuit alleges. 

Lead plaintiffs Tatiana Galvez and James Kelly allege Boston Beer Company is misleading consumers, specifically, about the ingredients in its Truly Black Cherry Hard Seltzer flavor. Galvez and Kelly want to represent nationwide, California, and New York Classes of consumers. 

Galvez and Kelly claim Truly Black Cherry Hard Seltzer does not contain any black cherry, but instead gets its taste from “lab synthesized ingredients.” 

Consumers Truly Believe Fruit in Truly Hard Seltzer Flavors

The Food Drug & Cosmetic Act defines “natural flavor” as anything that can be extracted from an animal or plant source, meaning it isn’t man-made, point out the plaintiffs and Boston Beer Company is deceiving customers and violating the law by failing to both include black cherry in its formulation and clearly indicate it is simply a “flavored” beverage.

Plaintiff Galvez says she truly believed she was drinking beverages that contained the fruit pictured and named on the spiked sparkling water display panels, according to the Truly Hard Seltzer flavors false ad lawsuit.

Galvez and Kelly claim Boston Beer Company is, specifically, in violation of California’s Business and Professions Code§ 17200, California’s False Advertising Law,  California’s Consumers Legal Remedies Act, and New York General Business Laws regarding deceptive acts and practices and false advertising.

Boston Beer Company’s misleading advertising helped it sell Truly Hard Seltzer flavors to hundreds of thousands of “unsuspecting consumers,” throughout California, New York, and the US, the class action lawsuit alleges.

Plaintiffs are demanding a jury trial and seeking restitution, along with compensatory and punitive damages for themselves and all Class Members. 

Anheuser Busch reached a settlement in April in a similar class action lawsuit filed in Oregon that alleged the company misled consumers by falsely advertising its Michelob Ultra Hard Seltzer as the first and only organic hard seltzer. 

Do you feel Boston Beer Company intentionally misled consumers about the ingredients in its Truly Hard Seltzer beverages?  Let us know in the comments! 

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

The Truly Hard Seltzer Flavors False Ad Class Action Lawsuit is Galvez et al v. The Boston Beer Company, Inc., Case No. 3:21-cv-01508, in the U.S. District Court for the Southern District of California. 

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