Tradewinds Iced Tea Class Action Challenges ‘All Natural’ Label

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A California man claims Tradewinds iced tea is mislabeled as being “all natural” in a way that is unlawfully deceptive or misleading.

Plaintiff Christopher Rhinesmith says the defendants’ Tradewinds iced tea is falsely advertised as containing only natural ingredients when in fact it contains caramel color and beta-carotene – both coloring agents that Rhinesmith says are artificial or synthetic.

The Tradewinds iced teas at issue here are products of defendants Tradewinds Beverage Company, Sweet Leaf Tea Company and Nestlé Waters North America Inc.

The labeling on these teas variously describes them as being “All Natural,” “100% Natural,” are made “With All Natural Ingredients” and are “Naturally Flavored with All Natural Flavors,” according to Rhinesmith.

But elsewhere on the products’ labeling and promotional materials, the defendants allegedly admit to using artificial ingredients in Tradewinds iced tea. Rhinesmith points out a statement from the defendants’ website which claims that Tradewinds iced tea contains “Class I caramel color,” an ingredient Rhinesmith says is not natural.

The defendants also use beta-carotene as a coloring agent in their “Jimmy Buffet’s” line of Tradewinds iced tea, Rhinesmith claims. He says that both beta-carotene and caramel color are artificial or synthetic and would not normally be expected to be in iced tea.

Rhinesmith says that he, like other consumers, has a preference for the health and wellness benefits associated with natural food products. For that reason, the plaintiff says, he and other consumers are willing to pay a higher price for products labeled as “all natural” or “100% natural” – products like the Tradewinds iced tea at issue here.

Had he known about the presence of supposedly unnatural ingredients in the defendants’ iced teas, Rhinesmith says, he either would have paid less for them or would not have purchased them in the first place.

The specific products at issue in this Tradewinds iced tea class action lawsuit include Unsweet Tea, Unsweet Tea with Hint of Lemon, Unsweet Tea with Hint of Raspberry, Unsweet Tea with Hint of Peach, Sweet Tea, Extra Sweet Tea, Raspberry Tea, Lemon Tea, and Jimmy Buffet’s Tropical Citrus Green Tea.

Rhinesmith’s claims are similar to those in another Tradewinds iced tea class action lawsuit launched in December 2016 in the same California federal court. Plaintiffs in that action are similarly challenging Tradewinds use of caramel color in a product labeled as being “100% natural” or “all natural.”

Rhinesmith proposes to lead a plaintiff Class consisting of all persons in the U.S. who purchased Tradewinds iced tea products at issue between Jan. 18, 2013 and the present.

He is asking the court for an order requiring the defendants to correct the allegedly false and misleading “all natural” claims on promotional materials for Tradewinds iced tea. He also seeks an award of damages, restitution and disgorgement of profits, plus court costs, attorney’s fees, and interest on all awarded amounts.

The plaintiff is represented by attorney Ross Cornell of the Law Offices of Ross Cornell APC and by Reuben D. Nathan of Nathan & Associates APC.

The Tradewinds Iced Tea “All Natural” Class Action Lawsuit is Christopher Rhinesmith v. Tradewinds Beverage Co., et al., Case No. 2:17-cv-00408, in the U.S. District Court for the Central District of California.