White Claw class action alleges ‘natural lime’ claims misleading

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White Claw Surge Natural Lime class action overview:

• Who: A White Claw Surge Natural Lime customer is suing its manufacturer, Mark Anthony Brands Inc.
• Why: The consumer says the product is falsely advertised as having more lime than it does, and being healthier than it is.
• Where: The class action was filed in an Illinois federal court.

White Claw Surge Natural Lime is overpriced because its packaging tricks consumers into thinking it has more lime than it has, and is a healthier product than it is, a new class action lawsuit alleges.

Plaintiff Christine Borovoy filed the class action lawsuit against Mark Anthony Brands Inc. on Aug. 11 in an Illinois federal court, alleging violations of state and federal consumer laws.

Mark Anthony Brands makes and sells White Claw Surge Natural Lime, a flavored alcoholic beverage represented as containing lime ingredients, Borovoy says.

The front label of the product includes three statements of “Natural Lime” with green branding and “A Hint Of Natural Lime,” she states, adding consumers understand “hint” the same way as its dictionary definition, which is a slight but appreciable amount.

“However, the representations are misleading because the Product does not contain a slight but appreciable amount of lime, but at most, a de minimis or negligible amount of lime,” Borovoy alleges. 

This is shown through the ingredient list in small print on the back which does not identify any lime ingredients but instead includes “Natural Flavors.”

White Claw Surge Natural Lime has other false representations, lawsuit alleges

The product’s use of the terms “Spiked Seltzer” and “Hard Seltzer” are also misleading because it does not contain any distilled spirits, the lawsuit alleges. Instead, the product’s alcohol allegedly comes from fermented sugars derived from malted grains.

A “2g Carbs” statement is also misleading because consumers expect items low in carbohydrates to be low in calories, and useful for weight control. “Contrary to these expectations, the Product is not low in calories,” Borovoy states.

She’s looking to represent an Illinois class of White Claw Surge Natural Lime consumers, plus a Subclass of consumers from Montana, Wyoming, Idaho, Kentucky, West Virginia, Iowa, Mississippi, and Alaska.

She’s suing for breaches of state consumer law, breach of warranty, negligent misrepresentation, fraud and unjust enrichment.

Borovoy is seeking certification of the class action, an injunction, damages, fees, costs and a jury trial.

The Boston Beer Co. was hit with a similar class action lawsuit last year alleging it used misleading imagery and labeling to falsely advertise Truly Hard Seltzer flavors — duping consumers into thinking they contain fruit. 

What do you think of the allegations in this White Claw class action lawsuit? Let us know your thoughts in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Mark Anthony Brands class action lawsuit is Christine Borovoy, et al. v. Mark Anthony Brands Inc., Case No. 1:22-cv-04251, in the U.S. District Court Northern District of Illinois, Eastern Division.

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