A class action lawsuit has been filed against Keurig Dr Pepper Inc. by a consumer who claims the companyโs Straight Up Tea, purporting to be โSorta Sweet,โ has a high sugar content.
Robbin Sommer of California says she purchased Straight Up Tea at a Safeway in June 2019. She claims she relied on the โSorta Sweetโ representation when she purchased the product and believed it would be low in sugar.
Sommer states she would not have purchased the tea if she had known it was actually high in sugar. She explains that she would buy the tea again in the future if the product was remedied to reflect Keurig Dr Pepperโs labeling and marketing claims.
โKeurig Dr Pepper falsely and misleadingly markets the Products to consumers as being โSorta Sweetโ and low in sugar as those terms are generally understood,โ Sommer says in the Straight Up Tea class action lawsuit.
The plaintiff also notes Keurig Dr Pepper charges a premium for the product on account of its false and misleading representations regarding low sugar content, including โSorta Sweet.โ
At least in part due to the growing consumer awareness of health problems caused by excessive sugar consumption, in recent years, consumers have shown a distinct preference for products with little or no added sugar, Sommer says.
In addition, low-sugar products are generally marketed toward consumers seeking products useful in โweight controlโ through the consumption of fewer calories, Sommer says. She points to a scientific paper that states reasonable consumers โclearly link sugar to calories and therefore expect a reduction in sugar content to deliver a reduction in calorie content.โ
The Straight Up Tea class action lawsuit also points out that because โlow sugarโ and โlow added sugarโ claims have never been authorized, they are prohibited. In fact, the U.S. Food and Drug Administration has issued warning letters to companies making โlow sugarโ claims, the plaintiff notes.
Sommer maintains that the term โsortaโ is a synonym for โlow,โ which is why โSorta Sweetโ gives consumers the impression that the tea is low in sugar.
In fact, sugar is the second most prominent ingredient in the tea by weight, greater even than the amount of tea, Sommer argues.
โConsumers will not expect a product represented as โSorta Sweetโ to have 22 grams of added sugar, as indicated is present in the Product on the Product Nutrition Facts panel,โ the Straight Up Tea legal news states.
Even though the nutrition facts tell consumers the 18.5 ounces of the tea provide 43% of the daily value of added sugar, they are not told whether this amount is low, medium or high, Sommer claims.
Contrary to the claims that the tea is low in sugar, the product is high in sugar and โpose[s] a specific risk of harm to consumers seeking to lower their sugar consumption, including those with diet-related diseases, such as Type 2 diabetes,โ Sommer says.
Keurig Dr Pepperโs branding and packaging of the tea is designed to, and does, deceive, mislead and defraud consumers, Sommer states. She says that when she purchased the product, she sought a product that was low in sugar, as represented by the front label of the tea.
The Straight Up Tea class action lawsuit claims she read and relied on the defendantโs false and misleading product name (i.e. โSorta Sweetโ), statements and claims in its labeling and advertising of the products. She also says she relied on the statements of the tea packaging, which emphasize the product is โSorta Sweetโ even though the tea is high in sugar.
โDefendant has sold more of the Products, at higher prices per unit, than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,โ the plaintiff maintains.
Sommer also alleges that the value of the product that she purchased and consumed was materially less than the value as represented by Keurig Dr Pepper. She says she lost money as a result of the defendantโs deception in that she did not receive what she paid for.ย
Common questions of law and fact in the Keurig Dr Pepper class action lawsuit include: whether Keurig Dr Pepper contributed to, committed or is responsible for the conduct alleged; whether Keurig Dr Pepper acted willfully, recklessly and negligently in committing the violations of law alleged; and whether the putative Class Members are entitled to injunctive relief.
Prospective Class Members include โall persons who have purchased the โSorta Sweetโ Straight Up Tea beverage for their own use, and not for resale, in California, at any time from June 25, 2016, to time of trial.โ
Did you purchase Keurig Dr Pepperโs Sorta Sweet Straight Up Tea thinking it was low in sugar? Leave a comment below.
The plaintiff is represented by Michael R. Reese and George V. Granade of Reese LLP and Spencer Sheehan of Sheehan & Associates.
The Straight Up Teaย โSorta Sweetโ Class Action Lawsuit is Robbin Sommer v. Keurig Dr Pepper, Case No. 4:20-cv-04181, in the U.S. District Court for the Northern District of California.
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267 thoughts onStraight Up Tea Class Action Says โSorta Sweetโ Claims Misleading
I drink this tea all the time.
Please add me
I purchased this tea. I am diabetic
I did purchase the Sorta sweet tea. In fact I have some now.
Please add me to this list because my whole family loves this
yes found this out for myself
add me
I have purchased this product numerous times because I believed it was lower in sugar. I would have much preferred the โsweetโ tea but purchased this variety to cut back on sugar even though it cost more at times. I was shocked when I read this class action and realized how much sugar it contained. The drink did not taste sweet and I really did not like it but purchased due to the claim a tad sweet which to me meant very little sugar. Very disappointed in this company for using deceitful advertising. Please include me in any class action. Thank-you.
Please, add me.
Add me please.
Add me
Please add me, this product was to sweet to enjoy