AriZona ‘Zero Calorie’ Arnold Palmers Aren’t Zero-Calorie, Class Action Lawsuit Alleges

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AriZona’s “zero calorie” half-lemonade, half-iced tea beverages contain more calories than consumers are led to believe, a new class action lawsuit alleges.

Plaintiff Andrew Schrode filed the class action lawsuit against AriZona Beverages USA LLC Friday in an Illinois federal court, alleging violations of federal warranty laws.

The lawsuit alleges AriZona Beverages manufactures, markets, labels and sells combinations of half iced-tea and half-lemonade represented as having “Zero Calories” and “No Calories.” 

Schrode says the statements tell health-conscious consumers the beverages will not have any calories. 

Under U.S. Food and Drug Administration (FDA) guidelines, beverages can be labeled “zero calorie” or “no calorie” and their required nutritional facts listing can report no calories if the product contains fewer than five calories.

AriZona Arnold Palmer Nutrition Facts indicate the product has zero calories, the claim states, based on a serving size of eight fluid ounces, and that it has approximately three servings. 

“This means that presuming eight ounces contain less than five calories, listing ‘0’ calories on the Nutrition Facts is permitted,” the class action states.

“However, the [Reference Amount Customarily Consumed] for the Product is the entire 23 oz-can, which does not contain less than five calories.” 

Instead, the product contains 15 calories.

The class action says, according to reports, the FDA required AriZona to cease representing the drink as containing “Zero Calories” and “No Calories,” and so it now sells the identical product but labeled as “Diet,” which contains 15 calories per can, indicated in the left column.

Schrode is suing for breach of warranty and violations of Illinois consumer business laws.

“Plaintiff and class members desired to purchase a product which had zero calories, not zero calories based on a serving size that was inapplicable,” the class action states.

He says AriZona had a duty to disclose and provide non-deceptive descriptions and marketing of the beverages, and instead made false and deceptive representations that were likely to influence consumer purchasing decisions. 

Schrode is looking to represent a Class of residents from Illinois, Ohio, Texas, Virginia, Rhode Island, Delaware and Florida who purchased the drink when it was labeled “zero calories.” 

He is seeking certification of the class, an injunction, damages costs, expenses and a jury trial.

This is not the first time AriZona has been sued for this issue. Last September, Kenneth Meyers of Michigan brought a class action lawsuit against AriZona Beverages over allegations that the company violated federal and state consumer and business laws, in multiple states, by misrepresenting the number of calories in the Arnold Palmer drink.

Did you drink an AriZona beverage thinking it was zero calorie? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The AriZona Arnold Palmer Zero Calories Class Action Lawsuit is Schrode et al., v. AriZona Beverages, Case No. 1:21-cv-03159, in the U.S. District Court Northern District of Illinois.

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