Rowdy Power Burn falsely advertised as having ‘no preservatives’, class action alleges

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Rowdy Power Burn overview: 

• Who: An energy drink consumer is suing Rowdy.
• Why: The plaintiff says its energy drink products claim to be preservative-free when they are not.
• Where: The Rowdy Power Burn class action lawsuit was filed in a Callifornia federal court.
• What are my options: Drizly delivers energy drinks, as well as alcoholic beverages. 

Energy drink company Rowdy falsely claims its products are preservative-free when they are not, a new class action lawsuit alleges.

Plaintiff Sergio Chauca filed the class action lawsuit against Rowdy Beverage Inc. on April 20 in a California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, the company adds citric and ascorbic acid in its Rowdy Power Burn energy drinks despite the front label stating they contain no preservatives. 

The lawsuit states that the U.S. Food & Drug Administration (FDA) recognizes citric and ascorbic acids as preservatives in food products, and has sent letters to other companies with that specific advice.

“As such, defendant has engaged in widespread false and deceptive conduct by misrepresenting the true nature of its products,” Chauca said.

Allegedly mislabeled Rowdy products sold at a premium, company says

As a result of its allegedly misleading marketing, Rowdy charged a premium for its products, the lawsuit states.

“Had defendant not made the false, misleading, and deceptive misrepresentations and omissions alleged herein, plaintiff and the proposed class members would not have purchased products, would not have paid as much as they did for those purchases, or would have purchased less expensive energy drink that do not claim to contain ‘no preservatives,'” it says.

Chauca seeks to represent a class of U.S. consumers who bought the Rowdy products, plus a New York subclass. 

He alleges violations of New York’s general business law and state consumer protection statutes as well as breach of express warranty, unjust enrichment, negligent misrepresentation and fraud.

A similar class action filed in February alleges Muscle Feast LLC falsely advertises that its 8-Hour Energy Pre-Workout dietary supplement is free of artificial flavors and preservatives. 

What do you think of the allegations in this Rowdy lawsuit? Let us know in the comments!. 

Chauca is represented by Frederick J. Klorczyk III of Bursor & Fisher PA and Adrian Gucovschi of Gucovschi Rozenshteyn PLLC.

The Rowdy class action lawsuit is Sergio Chauca, et al. v. Rowdy Beverage Inc., Case No. 3:23-cv-00730, in the U.S. District Court for the Southern District of California. 

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