Brew Dr. Kombucha Class Action Says Drink Doesn’t Contain Billions of Probiotics

A class action lawsuit claims that Brew Dr. Kombucha contains a lower amount of probiotic bacteria than what is advertised on its label.

Gunnar Amos claims that he started purchasing kombucha after learning about its health benefits, specifically that the drinks are known to contain probiotic bacteria.

Amos says he selected Brew Dr. Kombucha because he read the advertisement that it contained “billions” of “beneficial bacteria, yeasts and organic acids.”

However, the plaintiff states that laboratory testing determined that the company’s Clear Mind kombucha only contains 50,000 CFUs of probiotic bacteria which is “far less than the ‘billions’ advertised on its product labeling.”

The Brew Dr. Kombucha class action lawsuit explains that kombucha is a drink made from tea, to which bacteria is added. The bacteria then causes fermentation to occur — the bacteria breaks down sugars and other substances in the tea, and release organic acids and gases, giving the product an “effervescent” quality, says Amos.

Allegedly, these products are often advertised as having various health benefits because of the probiotics, including digestive benefits.

According to the Brew Dr. Kombucha class action lawsuit, customers seek out kombucha products specifically because they contain many probiotics, and they choose which kombucha product to buy based on how many probiotics are present in the drink.

Amos claims that Brew Dr. Kombucha advertised its kombucha products based on the high number of probiotics in the drink. Amos cites one advertisement that claims that “each bottle hosts billions” of “live and active cultures,” or “beneficial bacteria, yeasts, and organic acids.”

Allegedly, the labeling for the kombucha drinks has recently been changed, which Amos claims is “telling,” given that the new design does not claim that the drinks have “billions” of probiotics.

Additionally, Amos claims that Brew Dr.’s choice to inflate the probiotics from 50,000 CFUs to more than 1 billion CFUs is significant because research has shown that certain health benefits are only delivered “at a functional dose” of more than 1 billion CFUs.

The Brew Dr. Kombucha class action states that Amos and other customers were financially injured because they purchased these kombucha products by relying on the amount of probiotics listed on the label.

The plaintiff also claims that Brew Dr. Kombucha’s labeling of their beverages constitutes false advertising and misrepresentation, because it misleads customers to believe that the products have a benefit that they did not. Allegedly, the amount of probiotics in the drinks may not have been enough to provide the advertised health benefits.

Do you purchase kombucha for its probiotic health benefits? Which brand do you prefer?

Amos is represented by Myles McGuire and Eugene Y. Turin of McGuire Law PC, and Steve D. Larson of Stoll Stoll Berne Lokting & Shlachter PC.

The Brew Dr. Kombucha Probiotic Content Class Action Lawsuit is Gunnar Amos v. Brew Dr. Kombucha LLC, Case No. 3:19-cv-01663, in the U.S. District Court for the District of Oregon, Portland Division.

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