AriZona Class Action Lawsuit Filed Over ‘Zero’ Calorie Label on Arnold Palmer Drink

A class action lawsuit against the AriZona beverage company claims its “zero” calorie Arnold Palmer drink actually contains 15 calories per can.

Kenneth Meyers of Michigan brought the class action lawsuit against AriZona Beverages over allegations that the company violated federal and state consumer and business laws, in multiple states, by misrepresenting the number of calories in the drink.

He is seeking to represent all customers who purchased the company’s “zero” Arnold Palmer drink within the last four years.

An Arnold Palmer is a beverage that is equal parts iced tea and lemonade, named for the legendary golfer who made the mixture famous.

According to the class action lawsuit, Meyers purchased AriZona’s “no calorie” Arnold Palmer drink numerous times throughout 2017, 2018 and 2019 at convenience stores, pharmacies, grocery stores, gas stations and other shops in Illinois, Indiana and Wisconsin.

Usually, he bought the 23-ounce can, he says, and always the “zero” variety over the regular and “lite,” or lower-calorie, varieties. The cans are emblazoned with the word “zero” in a bright red banner on the front of the can, underneath which the can says, “no calories.”

The 23-ounce can, however, actually contains 15 calories, according to the class action lawsuit.

“Plaintiff is health conscious and specifically chose the zero calorie Arnold Palmer drinks instead of one of the other varieties because of its zero calories,” the class action lawsuit says. “Had he known it was not zero calories he would have purchased another product.”

Under U.S. Food and Drug Administration (FDA) guidelines, beverages can be labeled “zero calorie” or “no calorie” and their required nutritional facts listing can report no calories if the product contains fewer than five calories.

“Foods with less than five calories meet the definition of ‘calorie free’ and any differences are dietarily insignificant’,” the agency says.

Recently, the class action lawsuit says, the FDA required AriZona to change its “no calories” Arnold Palmer labeling to “diet” and list the calories as 5 per 12-ounce serving and 15 per 23-ounce can.

Before it was made to change the labeling, AriZona’s no-calories “representations gave it an unfair competitive advantage over products that were honestly labeled,” the class action argues.

On the federal level, Meyers has accused AriZona Beverages of committing breach of express warranty, breach of implied warranty and unjust enrichment. He alleges the company violated state consumer fraud regulations in Illinois, Wisconsin and Indiana — the states where he personally purchased cans of the Arnold Palmer drink.

AriZona Beverages began selling the Arnold Palmer line of drinks back in 2000 after the owner of Innovative Flavors got the idea to capitalize on the iced tea/lemonade hybrid synonymous with the golfing great. Palmer and his agents trademarked the product and negotiated a licensing deal with Innovative Flavors, which then pitched the idea to AriZona and formed a partnership on the product, CNBC reported.

In the first 10 years, sales of the AriZona Arnold Palmer drinks “doubled every year,” the CNBC report said.

Have you ever purchased a drink or snack that was labeled “zero calorie” and later discovered it actually did contain calories? Tell us about it in the comment section below.

Meyers and the proposed Class Members are represented by Daniel A. Edelman of Edelman Combs Latturner & Goodwin LLC.

The AriZona Beverages Arnold Palmer Drink Class Action Lawsuit is Kenneth Meyers, et al. v. AriZona Beverages USA LLC, Case No. 1:20-cv-05543, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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