Lemon Water False Advertising Class Actions Say Flavoring Not Natural

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Lemon Water Class Action Lawsuit Overview:

• Who: Two plaintiffs have filed false advertising class action lawsuits against the makers of Poland Spring sparkling lemon water and Polar lemon seltzer.
• Why: The products are allegedly marketed as containing natural lemon ingredients when they actually contain artificially created lemon flavoring.
• Where: The lawsuits were filed in Illinois federal court.

The makers of Poland Spring sparkling lemon water and Polar lemon seltzer misrepresent their products as being flavored with real lemon when they actually contain artificial lemon flavoring, according to two class action lawsuits filed last week in Illinois federal court.

Plaintiffs Jeanne Matthews and Timothy Alexander allege Polar Corp. and BlueTriton Brands Inc. seek to capitalize on consumers’ desire to cut back on carbonated soft drinks and fruit juices due to the increased awareness of sugar’s detrimental health effects.

“Increasingly, consumers are turning to sparkling water with small amounts of added fruit ingredients, which is less ‘plain’ than water but avoids the added sugars and calories in soda and juice,” the lemon flavoring class action lawsuits allege.

The plaintiffs point to competing products like Spindrift, which include fruit ingredients as opposed to the Poland Spring and Polar seltzer products that allegedly include artificial lemon flavoring.

Product Labels Suggest Real Lemon Ingredients, Plaintiffs Say

Consumers expect the products to contain real lemon ingredients because of the prominent statements on the labels, the lemon flavoring class action lawsuits state. Unlike artificial flavoring, real lemon ingredients are a source of nutritional value.

Matthews notes that the Polar seltzer packaging prominently displays images of lemon slices, the words “Refreshingly Natural” and “LEMON.” However, the ingredients list states that the product “Contains carbonated water, natural flavors.”

Similarly, the Poland Spring sparkling water label includes prominent images of lemon slices along with the phrase “With a Twist of Lemon,” Alexander says. The ingredients list states that the product includes “Spring water, CO2, Natural Flavors.”

Both lemon water class action lawsuits cite flavor expert Bob Holmes, who explains that products that actually include real lemon would list lemon oil, lemon extract or lemon juice as ingredients instead of “Natural Flavors.”

Instead, the lemon taste in the products is allegedly derived from a mix of essences from fruits and vegetables that are combined in a laboratory with other additives into highly concentrated formulas, according to the lemon water class action lawsuits. Customers would not be aware of this fact from reading the product labeling, Matthews and Alexander allege.

The plaintiffs both allege they purchased the lemon water products because they expected them to contain a non-negligible amount of real lemon ingredients. They claim that they would not have purchased the products, or would have paid less for them, if they had known the representations that the products contained real lemon ingredients were false and misleading.

The lemon water class action lawsuits assert claims for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of contract, breach of express warranty, negligent misrepresentation, fraud and unjust enrichment.

What do you think of the allegations Poland and Polar flavored sparkling waters include artificial lemon flavoring? Let us know if these class action lawsuits impact your decision to buy these products in the future!

Matthews and Alexander are represented by Spencer Sheehan of Sheehan & Associates PC.

The Lemon Water Flavoring Class Action Lawsuits are Jeanne Matthews v. Polar Corp., Case No. 1:22-cv-00649, and Timothy Alexander v. BlueTriton Brands Inc., Case No. 1:22-cv-00648, both in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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