Mott’s class action claims company falsely advertises bloody mary mix as containing no preservatives

Mott’s class action lawsuit overview:

• Who: Plaintiffs Laura Willis-Albrigo and Tiffany Taylor filed a class action lawsuit against Mott’s LLP and Keurig Dr Pepper Inc.
• Why: The defendants allegedly falsely labeled Mr. & Mrs. T Original Bloody Mary Mix as containing no preservatives even though it lists the preservative citric acid as an ingredient.
• Where: The Mott’s class action lawsuit was filed in California federal court.

Mott’s bloody mary mix is falsely labeled as containing no preservatives even though the product contains the preservative citric acid, a class action lawsuit alleges.

Plaintiffs Laura Willis-Albrigo and Tiffany Taylor say they regularly purchased Mott’s Mr. & Mrs. T Bloody Mary Mix, relying on the label’s representations that the product contained no added preservatives.

“Despite unequivocally and boldly claiming that the [Mott’s Bloody Mary mix] contains ‘No Added Preservatives,’ the ingredient deck reveals the inclusion of preservative citric acid, rendering the statement false, misleading, and in violation of the law,” the Mott’s class action lawsuit alleges.

Defendants Mott’s LLP and Keurig Dr Pepper Inc. know consumers are willing to pay a premium price for products labeled as preservative-free, according to the lawsuit. They prominently include a “no preservatives” label on the product to entice consumers who believe preservative-free drinks are healthier than beverages with preservatives, the plaintiffs claim.

Mott’s ‘no preservatives’ claim false because product contains citric acid, lawsuit claims

The Mott’s class action lawsuit alleges the federal Food Drug & Cosmetic Act (FDCA) requires companies to label preservatives in their products and include a separate description of the preservative’s function in the product. The FDCA notes preservatives may be added to a product to inhibit spoilage, as a mold inhibitor, to help protect flavor or to promote color retention, according to the lawsuit.

The U.S. Food and Drug Administration identifies citric acid as a preservative, and citric acid meets the definition of a preservative as defined by the FDCA, the Mott’s class action lawsuit asserts.

Citric acid’s primary use is as a preservative in the Mott’s bloody mary mix even if the ingredient serves other functions, the plaintiffs allege. Therefore, the “no preservatives” claim on the label is false and misleading, they say.

Willis-Albrigo and Taylor filed the lawsuit on behalf of themselves and a proposed nationwide, New York and California class of consumers who purchased Mr. & Mrs. T Original Bloody Mary Mix.

The complaint asserts claims for false advertising, breach of express warranty, unjust enrichment and violation of New York and California business laws.

This Mott’s class action lawsuit is not the first to challenge Mott’s “no preservatives” labels. In 2020, a consumer hit Mott’s with a class action lawsuit alleging some of its “100% juice” products contained a number of preservatives.

Do you think the Mott’s “no preservatives” label on Mr. & Mrs. T Original Bloody Mary Mix is false and misleading? Join the discussion in the comments.

Willis-Albrigo and Taylor are represented by Michael D. Braun of Kuzyk Law LLP and Peter N. Wasylyk of Law Offices of Peter N. Wasylyk.

The Mott’s bloody mary mix class action lawsuit is Laura Willis-Albrigo, et al. v. Mott’s LLP, et al., Case No. 3:24-cv-00148, in the U.S. District Court for the Southern District of California.

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