Dunkin’ Refresher drinks do not contain fruits in their names, class action claims

Dunkin’ class action overview: 

• Who: A Dunkin’ consumer sued the company.
• Why: The plaintiff claims Dunkin’ Refresher drinks contain none of the fruits advertised in their names
• Where: The lawsuit was filed in a New York federal court.

A new class action lawsuit alleges Dunkin’ Refresher drinks contain none of the fruits advertised in their names, including mango, pineapple and dragonfruit.

Plaintiff Cassandra Daly filed the class action complaint against Dunkin’ Brands Inc. and Inspire Brands Inc. Dec. 4 in a New York federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, Dunkin’ promotes its Refreshers as fruit-based drinks, with names like Mango Pineapple Refresher and Strawberry Dragonfruit Refresher. 

The Dunkin’ class action complaint alleges these beverages are made primarily with green tea, water and sugar, with no trace of the fruits mentioned on the menu. 

For example, Daly alleges the Mango Pineapple Refresher contains no mango or pineapple and the Strawberry Dragonfruit Refresher lacks both strawberry and dragonfruit.

“Had she known that the products did not contain the named fruits, she would not have purchased them or would have paid significantly less for them,” the lawsuit claims.

Dunkin deceived consumers, class action alleges

The class action argues Dunkin’ engaged in deceptive business practices by naming the Dunkin’ Refresher drinks after fruits they don’t contain, misleading consumers into paying a premium. 

Daly says she and others bought the drinks expecting them to be made with real fruit, only to later discover the beverages rely on flavored concentrates to simulate the taste of the advertised ingredients.

This is not typical for Dunkin’, the lawsuit claims, pointing out that other products, such as Dunkin’s Strawberry Coolatta, contain real fruit ingredients like strawberry puree concentrate.

As a result, the class action lawsuit seeks to represent all customers who purchased the Refreshers thinking they contained real fruit. 

Daly is suing for violations of consumer protection laws and breach of warranty and seeks certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, in July, two Dunkin Donuts consumers have hit the coffee and donut chain with a class action lawsuit claiming it adds hidden charges onto customer orders when they dine in-store. 

What do you think of the allegations in this Dunkin’ class action? Let us know in the comments.

Daly is represented by Robert Abiri of Custodio & Dubey LLP and Joshua Nassir and Katherine Phillips of Treehouse Law LLP. 

The Dunkin’ class action is Cassandra Daly v. Dunkin’ Brands Inc. et al., Case No. 3:24-cv-01475, in the U.S. District Court for the Northern District of New York

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