Virgil’s Sodas Class Action Says Natural Labels are Misleading

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A New York woman alleges that Virgil’s Sodas are falsely advertised as being “Made Naturally,” when they actually contain a preservative.

Lead plaintiff Denise Mason claims in her Virgil’s Sodas class action lawsuit that product labeling states the drinks are “Made with Natural Ingredients,” “Brewed with 100% Natural Ingredients,” and they have no preservatives.

However, Virgil’s Root Beer and Virgil’s Orange Cream Soda contain a common non-natural preservative – citric acid – according to the plaintiff.

“These misrepresentations deceive consumers into thinking they are receiving healthier and ‘natural’ soda, when they are not,” contends the Virgil’s Sodas class action lawsuit.

“Conscious of consumers’ increased interest in more nutritious foods free of additives and their willingness to pay more for products perceived to meet these preferences, Defendant misleadingly, illegally and deceptively seek to capitalize on these consumer health trends.”

Mason alleges that she and other consumers rely on representations made by defendant Reed’s Inc. when deciding to purchase Virgil’s Sodas. She says she wouldn’t have made the purchases had she known the soda contained synthetic citric acid.

“Plaintiff and Class Members paid a premium for the Products over comparable products that did not purport to be natural or preservative-free,” alleges the Virgil’s Sodas class action lawsuit.

The Virgil’s Root Beer class action lawsuit contends that the citric acid used in Virgil’s Sodas is a well-documented preservative and is included in the beverage despite representations that the product is preservative-free.

U.S. Food and Drug Administration (FDA) regulations, according to the class action lawsuit, establish that citric acid is a preservative.

“Citric acid tends to prevent or retard the deterioration of food products,” notes the Virgil’s Orange Cream Soda class action lawsuit. “This remains the case regardless of the subjective purpose for which this substance is added to the Product.”

In fact, notes the Virgil’s Sodas class action lawsuit, the FDA has cited another company, Chiquita, for deeming a product preservative-free when it contained citric acid.

“By representing that the Products have ‘No Preservatives,’ Defendant seeks to capitalize on consumers’ preference for less processed foods with fewer additives and the association between such products and a wholesome way of life,” alleges the Virgil’s Sodas class action lawsuit.

“Consumers are willing to pay more for less processed products with no additives because of this association, as well as the perceived higher quality, health, and safety benefits associated with the products labeled as being free of preservatives.”

According to the Virgil’s Sodas class action lawsuit, the misleading advertising of the beverages is false, fraudulent, unfair, deceptive and misleading. The marketing also allegedly violates New York consumer protection and business laws.

The Virgil’s Sodas class action lawsuit seeks to represent a nationwide Class of consumers who purchased the beverages from Reed’s Inc., along with a New York subclass for alleged violations of New York law.

“Plaintiff and the Class were injured when Defendant denied them the full benefit of their bargain,” contends the Virgil’s Root Beer class action lawsuit. “They paid money for products that were represented to them as preservative-free, and then received Products that were preservative-laden, which have significantly less value.”

The plaintiff is seeking damages, including the difference between the price of Virgil’s Sodas and a similar product that does not represent itself as preservative-free.

Mason is also seeking a court order requiring Reed’s Inc. to change its labeling practices.

The plaintiff is represented by Michael J. Gabrielli of Gabrielli Levitt LLP.

The Virgil’s Sodas Class Action Lawsuit is Mason v. Reed’s Inc., Case No. 1:18-cv-10826-JGK, in the U.S. District Court for the Southern District of New York.