Sunny D class action claims Vodka Seltzer falsely advertised as containing zero sugar

Sunny D class action lawsuit overview:

• Who: Plaintiff Laura Willis Albrigo filed a class action lawsuit against Sunny Delight Beverages Co.
• Why: Sunny D Vodka Seltzer is allegedly falsely advertised as containing zero grams of sugar.
• Where: The Sunny D class action lawsuit was filed in California federal court.

Sunny Delight Beverages Co. falsely advertises its alcoholic Sunny D Vodka Seltzer beverage as containing “0g sugar” even though it contains approximately 2 grams of sugar, according to a new Sunny D class action lawsuit.

Plaintiff Laura Willis Albrigo says she purchased Sunny D Vodka Seltzer on several occasions because she was specifically looking for an alcoholic seltzer that did not contain sugar. After reviewing the product label, she says she believed the product’s sugar content was zero, according to the class action, filed Feb. 29 in California federal court.

Albrigo says she would not have purchased the seltzer, or would not have paid as much for it, had she known the “0g sugar” labeling claim was false.

Sunny D Vodka Seltzer sugar comes from fruit juice, plaintiff says

Sunny D Vodka Seltzer is sweetened with fruit juice, and the calories from fruit juice are mostly sugar, the class action lawsuit explains. Albrigo references the “frequently asked questions” section of the Sunny D website, which states the 95 calories in a 12-ounce can of Sunny D Vodka Seltzer come from the vodka and fruit juice content.

She estimates that about 87 calories come from the vodka content and the remaining eight calories come from the fruit juice content. Therefore, each 12-ounce can contains about two grams of sugar, which means the “0g sugar” claim is “literally false,” according to the class action lawsuit.

Albrigo says the allegedly false “0g sugar” label violates California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. She also asserts claims for breach of express and implied warranties, negligent misrepresentation, intentional misrepresentation and unjust enrichment.

Albrigo filed the class action lawsuit on behalf of herself and a proposed nationwide class of consumers who purchased the allegedly mislabeled Sunny D Vodka Seltzer sugar-free products. She also seeks to represent a California subclass.

Sunny D previously faced a false advertising class action lawsuit alleging some of its beverages do not contain fruit despite being advertised with fruit names and images.

What do you think about the Sunny D Vodka Seltzer false advertising allegations? Join the discussion in the comments.

Albrigo is represented by Jack Fitzgerald, Melanie R. Monroe, Trevor Flynn and Caroline S. Emhardt of Fitzgerald Monroe Flynn PC.

The Sunny D Vodka Seltzer class action lawsuit is Laura Willis Albrigo v. Sunny Delight Beverages Co., Case No. 3:24-cv-00403-CAB-BLM, in the U.S. District Court for the Southern District of California.

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