Lifeway Kefir Yogurt Drinks Targeted in Class Action Lawsuit

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A California man says in a new class action lawsuit that a sugar ingredient name noted on the labels of Lifeway Kefir yogurt drinks is illegal under California state law. He is seeking damages based on the alleged misleading labeling for himself and other consumers who purchased similar Kefir products in the Golden State.

Several years ago, food and beverage manufacturers used “evaporated cane juice” and “dried cane syrup” to describe sugar that was processed to a lesser degree than normal white sugar. However, in 2009, the FDA recommended that only the latter would imply that there was sugar content and requested that manufacturers not use evaporated cane syrup in ingredient lists.

Robert E. Figy alleges in the Kefir class action lawsuit that he purchased five different Lifeway Kefir products, each of which included the misnomer on the packaging. The products in question are Organic Lowfat Peach Kefir, Organic Lowfat Pomegranate Acai Kefir, Organic Lowfat Raspberry Kefir, Nonfat Strawberry Kefir and Nonfat Raspberry Kefir. According to California’s Sherman Law, there is a strict definition of juice for labeling purposes, as a liquid that comes from “one or more fruits or vegetables” or other derivations of fruits and vegetables. The regulations cited in the class action lawsuit allege that the ingredient may only be listed as “sugar” or “dried cane syrup.”

As a result of the company’s alleged express warranty violation, Figy argues that he bought the Kefir products unaware of the amount of sugar they contained. According to the class action lawsuit, the smoothies “contain ingredients not listed on the label and are thus illegal to sell or possess,” and had no value as a result.

The Lifeway Kefir class action lawsuit takes great pains to note that it is not seeking damages due to fraud. The plaintiff “bought an unlawful product that he would not have otherwise purchased absent [Lifeway’s] failure to disclose that material fact,” the class action lawsuit says. As such, Figy is seeking damages on behalf of himself and the putative class on strict liability counts.

Lifeway Kefir drinks are just the latest products to come under legal fire from California consumers due to sugar labeling issues. Two cases are still pending in U.S. District Court, one against Greek yogurt maker Chobani and one naming Trader Joe’s as a defendant, that both concern questions regarding the labeling of ingredients as evaporated cane juice. The former was given a second life on September 19 when a judge granted a motion for reconsideration.

The plaintiff in the Lifeway case is represented by Ben F. Pierce Gore of Pratt & Associates.

The Lifeway Kefir False Labeling Class Action Lawsuit is Robert E. Figy v. Lifeway Foods Inc., Case No. 13-cv-04828, U.S. District Court, Northern District of California.

The ingredient “evaporated cane juice” is being targeted in dozens of class action lawsuits filed by consumers who claim the ingredient is misleading. If you purchased a product that contained evaporated cane juice in the ingredient list, you may be eligible for compensation. Learn more at the Evaporated Cane Juice Deceptive Marketing Class Action Lawsuit Investigation.