Anne Bucher  |  October 18, 2017

Category: Consumer News

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KeVita class action lawsuit

UPDATE: September 2020, the KeVita Master Brew Kombucha class action settlement is now open. Click here to file a claim.


Earlier this month, KeVita Inc. and Pepsico Inc. were hit with a class action lawsuit accusing them of falsely advertising their Kombucha products.

Kombucha is a fermented beverage that is derived from a sweetened tea that is mixed with yeast and bacteria. This creates a symbiotic colony of bacteria and yeast, which is more commonly called a SCOBY. The KeVita class action lawsuit describes the flavor profile as similar to sparkling apple cider, but with a more sour taste.

During the fermentation process, a large number of healthy bacteria, called probiotics, are produced. These bacteria have been recognized for their ability to support the immune system and increase general health.

“The recent spike in popular awareness that not all bacteria is evil—and that many are reportedly good and beneficial for human health—has created a fascination with live cultures and fermented products,” the KeVita class action lawsuit alleges.

“This idea has brought the centuries-old drink, Kombucha, roaring into upper-middle class consciousness at upwards of $5 per bottle.”

According to the KeVita kombucha class action lawsuit, the global kombucha market is estimated to grow to $1.8 billion by 2020.

Plaintiff Emma Brenner alleges KeVita touts the benefits of probiotics and their digestive health benefits in order to capitalize on consumers’ growing demand for probiotics. She says the company represents on the labels of its KeVita Master Brew Kombucha products that the products are “fermented,” contain “kombucha culture,” that they are “crafted with live probiotics,” and that they are “fermented with our proprietary tea culture, which yields high levels of beneficial organic acids.”

However, Brenner asserts that these representations are false and deceptive because the kombucha beverages are pasteurized after fermentation. According to the KeVita class action lawsuit, the beneficial bacteria are killed during the pasteurization process, causing the product to be more aptly described as “kombucha-flavored tea” rather than a true kombucha product.

Because KeVita does not disclose its pasteurization process, and allegedly goes to great lengths to conceal it, consumers have no way of knowing at the point of sale that the KeVita kombucha products do not contain healthy probiotics, the KeVita class action lawsuit alleges.

According to the kombucha class action lawsuit, KeVita kombucha was originally crafted as a raw fermented beverage, but the company switched from a raw, unpasteurized formula to a manipulated and pasteurized formulation that allows for mass production and increased profits.

Brenner alleges the current formulation is transported in non-refrigerated trucks but displayed in a refrigerated section of stores and instruct consumers to “keep refrigerated” so that they believe the product is the original formulation instead of the pasteurized version.

The plaintiff says she relied on KeVita’s alleged misrepresentations and believed that KeVita Master Brew Kombucha contained live probiotics that were produced from fermentation and not added to the kombucha product after pasteurization.

The KeVita class action lawsuit was filed on behalf of Brenner and a proposed national Class and a California Class of consumers who purchased KeVita kombucha products in the last four years.

The complaint asserts claims for false and misleading advertising, unjust enrichment, breach of express warranty, breach of implied warranty, violation of consumer fraud laws and negligent misrepresentation.

Brenner is represented by Marcus J. Bradley, Kiley L. Grombacher and Taylor L. Emerson of Bradley/Grombacher LLP.

The KeVita Kombucha Class Action Lawsuit is Emma Brenner v. KeVita Inc., et al., in the Superior Court for the State of California, County of Ventura.

 

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49 thoughts onKeVita Class Action Says Kombucha Is Falsely Advertised

  1. Yeii says:

    Me too!! Just receive 5$

  2. DESI says:

    Received $9.00 check today in Arizona. Thank you TCA!

  3. Matt Johnson says:

    Can I please please be added to this

  4. Susan matheson says:

    How can I join the class action suite I believe that where I bought the product should be liable in some way for selling a product that is marketed falsely it’s almost like they are somewhat deceptive to the consumer as well

  5. Kathy Griffith says:

    Wow!!!! I am soooo disappointed and floored. My family has been drinking this on a regular bases for years! When I say regular bases I mean one a day for three people. Not cheap at all.
    Unbelievable that this is happening.

  6. LATECIA TODD says:

    I have this drink and it can be a bit much on the wallet.

  7. DeAnn Collins says:

    Please add me. I have been drinking one a day for several months now to try to help with stomach issues. And it has been very expensive. Very disappointing.

  8. Nadine Stewart says:

    On every trip to America, I buy this drink because it is not available in Germany. I am only seeing this now, 11.10. 2019.I bought 8 bottles this week alone. This is robbery. I need to sign up as well

  9. brian gray says:

    I need to know how to sign up for this Lawsuit. Prestonsdad2005@gmail.com

  10. Roberto Nelson says:

    How can I be included? I spent a lot of money on these products for about two years, and at one point, was drinking about 6 per week. I only stopped because I could no longer afford it. Really.

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