Izze class action over no preservative advertising dismissed

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Update:

• A judge dismissed a class action lawsuit accusing PepsiCo of falsely advertising its Izze sparkling juice products. 
• All claims against PepsiCo and its co-defendant PAI Partners Inc. have subsequently been dismissed. 
• Plaintiff Tiffany Taylor filed the notice and order of voluntary dismissal without prejudice in New York federal court. 
• Taylor had argued PepsiCo misrepresented that the Izze sparkling juice products contained no preservatives despite the beverages allegedly containing citric acid and/or ascorbic acid.
• She had also accused PepsiCo of violating New York General Business Law and state consumer protection statutes.

Izze preservatives class action lawsuit overview: 

• Who: Tiffany Taylor filed a class action lawsuit against PepsiCo Inc. and PAI Partners Inc. 
• Why: Taylor claims PepsiCo misrepresents that its Izze brand sparkling juice products contain no preservatives due to them containing citric acid and/or ascorbic acid. 
• Where: The class action lawsuit was filed in New York federal court. 

(Dec. 6, 2022)

PepsiCo misrepresents that its Izze-brand sparkling juice products contain no preservatives, a new class action lawsuit alleges. 

Plaintiff Tiffany Taylor claims PepsiCo’s Izze sparkling juice products, despite being labeled as containing no preservatives, contain the “well-known” preservatives citric acid and/or ascorbic acid.

Taylor argues PepsiCo is taking advantage of “health-conscious” consumers who want to purchase items that “are free from preservatives,” by allegedly mislabeling the Izze sparkling juice products. 

“As a result of their deceptive conduct, Defendants are, and continue to be, unjustly enriched at the expense of their consumers,” the Izze class action states. 

PepsiCo accused of violating state consumer protection statutes

Taylor wants to represent a nationwide class and New York subclass of consumers who have purchased an Izze sparkling juice product for personal, family or household purposes. 

PepsiCo is accused of violating New York General Business Law and state consumer protection statutes. Plaintiff is demanding a jury trial and requesting compensatory, statutory and punitive damages for herself and all class members. 

A separate class action lawsuit was filed against PepsiCo in 2018 by a consumer arguing the company wrongly labeled its Izze sparkling beverages as being free of preservatives and containing no added sugar. 

Have you purchased an Izze sparkling juice product? Let us know in the comments. 

The plaintiffs are represented by Adrian Gucovschi of Gucovschi  Rozenshteyn PLLC and Frederick J. Klorczyk III of Bursor & Fisher PA. 

The Izze preservatives class action lawsuit is Taylor, et al. v. PepsiCo Inc., et al., Case No. 7:22-cv-10219, in the U.S. District Court for the Southern District of New York. 

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