Izze Class Action Says Soda Mislabeled to Exaggerate Nutritional Value

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A California woman is challenging the labeling on Izze soda, claiming it falsely represents the product as being healthier than it actually is.

Plaintiff Lisa Lindberg has filed a class action lawsuit against Izze Beverage Co. and its parent company PepsiCo Inc.

She claims these defendants designed the labeling on Izze soda to mislead consumers into thinking the product offers nutritional value comparable to that of whole fruit, when in fact those sodas are “void of nutritional value and are simply sugary soft drinks.”

Lindberg takes issue with the statement “no preservatives” that she says appears on the front label on both bottles and cans of Izze soda.

She believes that statement is false and misleading, since all Izze sodas allegedly contain either citric acid or ascorbic acid.

Lindberg says both those ingredients are recognized as chemical preservatives by regulators, industry members and the scientific community.

The plaintiff also claims that the label on glass bottles of Izze soda falsely states that “[e]ach bottle delivers two servings of fruit based on USDA’s 2010 Dietary Guidelines.”

That statement is false, she says, because the USDA has since done away with its 2010 guidelines precisely because they were misleading to consumers.

Lindberg says the “two servings of fruit” statement is also deceptive and misleading because it gives the impression that Izze sodas offer nutritional value that is comparable to that of whole fruit.

“Whole fruit contains fiber, vitamins, and minerals. Even if Izze Sodas were originally manufactured with real fruit, they no longer contain any of the nutritional value and health benefits that can be obtained by eating whole fruit,” the Izze class action lawsuit reads.

Lindberg argues that both the “no preservatives” and “two servings of fruit” representations are part of an overall scheme to mislead consumers into thinking that Izze soda has more nutritional value than it actually does.

She says the brand uses a “clean label” marketing strategy, using visually minimal elements like clear bottles and subtle labels, that play into this alleged scheme.

Lindberg seeks to represent a plaintiff Class that would include all persons in the U.S. who purchased Izze soda anytime between six years prior to the filling of this class action lawsuit up through the date the court grants class certification.

She also proposes two subclasses of Class Members who purchased Izze soda in either New York or California.

Lindberg is asking the court for an injunction prohibiting Izze Beverage Co. and PepsiCo from continuing the alleged mislabeling and requiring them to conduct a corrective advertising campaign. She also seeks an award of actual, statutory and punitive damages, restitution and disgorgement of profits, and reimbursement of her attorneys’ fees and court costs.

The plaintiff is represented by Michele R. Fisher, Anna P. Prakash and Eleanor E Frisch of Nichols Kaster PLLP; and by Amanda M. Williams and Joseph C. Bourne of Gustafson Gluek PLLC.

The Izze Soda False Advertising Class Action Lawsuit is Lisa Lindberg v. PepsiCo Inc., et al., Case No. 1:16-cv-06569, in the U.S. District Court for the Southern District of New York.