AriZona Teas Contain Preservatives, Class Action Says

A class action lawsuit claims that contrary to advertisements, AriZona teas contain preservatives. 

The AriZona tea false advertising class action lawsuit was filed by Ahmed Ashour against AriZona Beverages USA LLC, Hornell Brewing Co., Inc., Beverage Marketing USA, Inc., AriZona Beverages Holdings LLC, and AriZona Beverages Holdings 2 LLC.

Ashour says he purchased AriZona tea products, especially AriZona Rx Energy Herbal Tonic and AriZona Green Tea with Ginseng and Honey, roughly two to three times per week at various stores in Los Angeles.

The AriZona tea class action claims that the products were advertised as containing “no preservatives” and Ashour relied on this claim when making his purchase.

Allegedly, if it weren’t for the “no preservatives” label, he would not have purchased the products or would not have paid as much for them as he did.

The AriZona tea class action says Ashour paid a premium for the products especially because he believed that they did not contain preservatives.

The plaintiff claims that if he could rely on the truthfulness of the representations around the AriZona tea products, he would consider purchasing them in the future.

The AriZona tea advertising class action lawsuit argues that many consumers are similarly misled by the products’ labeling, and they buy the products based on the belief that they don’t contain preservatives.

Allegedly, AriZona Beverages USA Inc., and the other makers of the teas, label the products as containing no preservatives because they know consumers have a preference for products that contain no preservatives over comparable products that do contain preservatives.

The AriZona tea class action alleges that consumers prefer products that contain no preservatives, and are willing to pay a premium for them because they believe them to be healthier and of higher quality than products that do contain preservatives.

Ashour claims that AriZona Beverages USA was unjustly enriched because they made profits from the misrepresentation of their products that they would not have made had they faithfully represented the nature of the products.

Elaborating on his claim that the “no preservatives” label is a misrepresentation, Ashour claim that the products contain citric acid, which the FDA classifies as  preservative, because it increase “the acidity of a microbe’s environment, making it harder for bacteria and mold to survive and reproduce.”

“Although citric acid is a natural acid found in citrus fruits, approximately 99% of today’s citric acid is manufactured by using the fungus Aspergillus niger,” the AriZona class action states. “Generally, the process involves growing the fungus in a mixture of sugar and salt which causes the fungus to excrete a large amount of citric acid.”

Allegedly, the makers of AriZona tea knew or should have known that citric acid is a common preservative, because of their investment in the food production industries and the regulations that come along with it.

The company intentionally misrepresents their products knowingly in the interest of maximizing their sales and products, the plaintiff says.

The company faced a similar false advertising class action lawsuit last year.

Ashour seeks damages on behalf of himself and other similarly affected consumers.

The plaintiff is represented by Daniel L. Warshaw and Melissa S. Weiner of Pearson Simon & Warsaw LLP, and by Michael R. Reese of Reese LLP.

The AriZona Tea No Preservatives Class Action Lawsuit is Ahmed Ashour v. Arizona Beverages USA LLC, et al., Case No. 2:19-cv-4170, in the U.S. District Court for the Central District of California, Western Division.

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