Accelerator class action claims energy drink falsely advertised as containing no preservatives

Accelerator energy drink class action overview: 

• Who: Consumers have filed a class action lawsuit against A Shoc Beverage LLC.
• Why: The plaintiffs claim the company misleads customers about the contents of its Accelerator Active Energy beverages.
• Where: The Accelerator class action lawsuit was filed in a New York federal court.

A new class action lawsuit alleges that A Shoc beverage company misleads consumers about the ingredients in its Accelerator Active Energy beverages.

Plaintiffs Marybeth Montera and Mary Johnson filed the class action lawsuit against A Shoc Beverage LLC on Sept. 26 in a New York federal court, alleging violations of state and federal consumer laws. 

According to the Accelerator class action lawsuit, the drink’s labeling falsely advertises it as containing “0 preservatives,” despite the fact it contains citric acid — recognized as a preservative under federal law.

The label also claims the drinks have “0 Carbs, 0 Sugar, (and) 0 Artificial Flavors.” However, the plaintiffs argue that citric acid, listed as the second ingredient, serves as a preservative, making the product’s claims false and deceptive.

Energy drink broke the law, Accelerator class action claims

Citric acid is commonly used in the food industry to prevent spoilage and extend shelf life, which qualifies it as a preservative according to federal guidelines, the plaintiffs say. Under the Food, Drug, and Cosmetic Act (FDCA), any chemical that prevents deterioration must be labeled as such. The plaintiffs argue that by failing to disclose citric acid as a preservative, A Shoc violated consumer protection laws.

Montera and Johnson claim they purchased the beverages multiple times over the past four years, believing the company’s clean-label claims. 

They allege they would not have bought the products, or would have paid less for it, had they known about the presence of preservatives. 

As a result, the plaintiffs seek to represent a nationwide class of consumers who purchased Accelerator Active Energy beverages.

They are suing for violations of warranty laws and New York General Business Law, as well as unjust enrichment, and are seeking certification of the class action, damages, fees, costs and a jury trial.

In April, a consumer filed a class action lawsuit claiming that Prime Hydration Energy Drinks have higher caffeine levels than advertised.

What do you think of the allegations in this Accelerator energy drink class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Michael D. Braun of  Kuzyk Law LLP and Peter N. Wasylyk of the Law Offices Of Peter N. Wasylyk.

The Accelerator energy drink class action lawsuit is Marybeth Montera v. A Shoc Beverage LLC, Case No. 1:24-cv-07281 in the U.S. District Court for the Southern District of New York.

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