Honest Tea Class Action Says ‘Just a Tad Sweet’ Marketing Is Deceptive

A recent class action claims that the marketing for Honest Tea misleads consumers into believing that their teas are low in sugar.

According to plaintiff William Batchelor, The Coca-Cola Co.’s Honest Tea beverages are advertised as being “just a tad sweet,” which many consumers interpret to mean low in sugar.

However, Batchelor says the beverages contain 16 grams of sugar which is equal to 36 percent of the suggested daily value.

“When customers observe the products’ front-label representations which highlight the ‘Just a Tad Sweet’ claim, they will reasonably believe the products are lower in calories than they are,” Batchelor argues in the Honest Tea class action lawsuit.

“Far from being a ‘tad sweet’ and low in sugar, sugar is the second most predominant ingredient in the product by weight,” Batchelor says.

The Honest Tea class action lawsuit notes that the U.S. Food and Drug Administration (FDA) does not allow low sugar claims to be made by companies. The FDA has even issued warning letters to companies who make low sugar claims, Batchelor argues. Coca-Cola allegedly avoided these regulations with their implied sugar claims.

Batchelor says the “just a tad sweet” claim is an implied nutrient content claim, made with the intention to deceive consumers. He alleges that health-conscious consumers seek out products that are marketed as low calorie or low sugar and that Coca-Cola seeks to mislead customers with their Honest Tea marketing.

“Nutrient content claims are set by federal law because where products have such claims, consumers should be able to rely on them. Low-sugar nutrient content claims have never been allowed because they have the strong tendency to deceive consumers, which is the situation here,” Batchelor’s attorney told Law360.

As a result of the marketing, Batchelor and other consumers were allegedly deceived into paying a higher price for products. Batchelor argues that if he knew the products were more than “just a tad sweet,” he would not have purchased the Honest Tea beverages or would have paid less for them.

“Defendant’s false, deceptive, and misleading branding and packaging of the Product has enabled defendant to sell more of the Product and at higher prices per unit, than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” the Honest Tea class action lawsuit claims.

Batchelor brings several allegations in his Honest Tea class action lawsuit including; violation of New York consumer protection laws, negligent misrepresentation, breach of express warranty, breach of implied warranty of merchantability, violation of the Magnuson Moss Warranty Act, fraud and unjust enrichment.

In his Honest Tea class action, Batchelor seeks to represent a Class of consumers who purchased Honest Tea beverages.

On behalf of the consumers, the Honest Tea class action seeks injunctive relief, treble damages, punitive damages, interest, court costs and attorneys’ fees.

Do you drink Honest Tea? What are your thoughts on the “just a tad sweet” claim? Let us know in the comment section below.

Batchelor and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC.

The Honest Tea Class Action Lawsuit is Batchelor v. The Coca-Cola Co., Case No. 7:20-cv-00594, in the U.S. District Court for the Southern District of New York.

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