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A New York woman says she and other consumers were duped into thinking the “Slightly Sweet” version of Oregon Chai Tea Latte is low in sugar.
According to lead plaintiff Jaclynn Brown’s complaint, “chai” is a type of tea that is made with milk and a sweetener, like sugar or honey, along with herbs and spices. She claims Kerry Inc., the maker of a type of chai tea latte, has falsely advertised one of its products as having low amounts of sugar.
Indeed, the label on Kerry’s Oregon Chai Slightly Sweet Chai Tea Latte allegedly includes the following statements: “Slightly Sweet,” “A Less Sweet Twist on Our Authentic Chai” and “Black Tea Concentrate, Honey & Spices — Just Add Milk.” However, the product contains 11 grams of added sugars or 22% of recommended daily intake, the class action lawsuit points out.
Further, this amount does not include additional sugar included in the milk the company recommends adding to the product, the plaintiff claims, pointing out that with the milk, the recommended serving size of the chai tea latte would contain a total of 20 grams of sugar.
Brown says she purchased the Slightly Sweet Oregon Chai on several occasions between November 2019 and May 2020. She says she tries to limit her sugar intake and relied on statements on the product’s packaging that implied it had less sugar than the regular version and was a low-sugar beverage.
The plaintiff says that she would not have purchased or paid as much for the product had she known it was not a low-sugar item.
The class action lawsuit contends consumers are on the lookout for products low in sugar.
According to the complaint, a market survey found as many as three in five consumers wanted to reduce their sugar intake, as opposed to using artificial sweeteners. However, consumers are often confused by deceptive product labeling, according to other studies, the plaintiff says.
“A low-/no-nutrient claim means different things for different foods,” one researcher stated, according to the lawsuit. “This could potentially lead to confusion if consumers focus on seeking out products with specific nutrient claims or use a claim to justify the purchase of less-healthy foods. In fact, these results suggest (but are not conclusive) that in some cases, products that tend to be high in calories, sodium, sugar, or fat actually may be more likely to have low-/no-content claims.”
The complaint points out consumers have important health concerns that prompt them to purchase products they believe have a low sugar content. One is weight control, the plaintiff says. Another major concern with serious implications is to prevent and manage Type 2 diabetes.
“There has long been a consensus among doctors and nutritionists that ‘[e]ating too much sugar contributes to numerous health problems, including weight gain, Type 2 diabetes, dental caries, metabolic syndrome and heart disease, and even indirectly to cancer because of certain cancers’ relationship to obesity,’” the complaint states.
Additionally, various agencies that regulate the content and advertising of foods and beverages have regulations that mandate when and how companies can advertise their products as containing lower amounts of sugar.
Terms on Slightly Sweet Oregon Chai regarding sugar and sweetness confuse consumers, the plaintiff says, and are not in line with federal food regulations.
Specifically, the Food and Drug Administration (FDA) has developed regulations regarding the use of relative terms when it comes to sugar content, the class action lawsuit alleges. Companies that want to use the terms “less,” “light” or “reduced” to talk about sugar content must provide a basis for comparison.
The plaintiff says Kerry’s use of “Slightly Sweet” and other representations on the product’s packaging deceive consumers into thinking they are purchasing a low-sugar product. According to the complaint, the false advertising violates New York’s consumer protection laws and federal warranty laws, and the company is guilty of fraud and unjust enrichment.
The class action lawsuit seeks to represent residents of all states, except California, who purchased Slightly Sweet Oregon Chai. The plaintiff is seeking damages and attorneys’ fees, as well as a court order stopping the alleged false advertising.
Have you purchased the “Slightly Sweet” Oregon Chai Tea Latte? Do you feel duped by their advertising? Tell us what you think in the comment section below.
The lead plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.
The Oregon Chai Tea Latte False Advertising Class Action Lawsuit is Jaclynn Brown, et al. v. Kerry Inc., Case No. 1:20-cv-09730, in the U.S. District Court for the Southern District of New York.
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54 thoughts onOregon Chai Tea Latte Falsely Advertised as ‘Less Sweet,’ Class Action Lawsuit Says
Such a “sue happy” world we have become. I have been drinking Oregon Chai tea for several years. It is ‘slightly sweet’ – the flavor! Read the ingredients if you need to be concerned about sugar, etc. You should ALWAYS read the ingredients . I personally enjoy 1 cup in the morning just like some folks drink coffee.
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I am appalled at how lightly a company takes it deceptive labeling ADD ME
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