AriZona Tea Class Action Says ‘No Preservatives’ Claim Misleading

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A group of consumers allege in a new class action lawsuit that AriZona falsely advertises its iced tea products as containing no preservatives.

Lead plaintiffs from New York and California allege in the AriZona Tea class action lawsuit that, despite containing known preservatives, such as citric acid and ascorbic acid, the drinks are advertised as having “No Preservatives.”

“Conscious of consumers’ increased interest in more nutritious beverages free of additives and willingness to pay more for products perceived to meet this preference, Defendant misleadingly, illegally, and deceptively seeks to capitalize on these consumer health trends,” allege the plaintiffs in their class action lawsuit.

The complaint lists nearly two dozen AriZona teas that allegedly contain preservatives but are advertised as preservative free. The plaintiffs allege that they personally purchased Arnold Palmer Lite Half & Half Iced Tea Lemonade and Arizona Green Tea with Ginger and Honey varieties for approximately $.99 each.

This is not the first class action lawsuit to hit the beverage maker. Earlier this year, AriZona was hit with allegations that its Sweet Tea serving size, sugar content, and calorie counts are falsely presented.

This AriZona Tea class action lawsuit alleges that both ascorbic acid and citric acid are well-known preservatives.

“Defendant misleads consumers into believing that the Products contain no preservatives with its false labeling claims to this effect,” explains the complaint in the class action lawsuit. “However, the Products actually contain citric acid and/or ascorbic acid, whose functions as preservatives have been well-documented. These ingredients function as preservatives in the Products.”

The complaint contends that both ingredients should be considered preservatives under U.S. Food and Drug Administration regulations.

“Citric acid and ascorbic acid do not fall into any of the regulatory exemptions from the definition of a preservative,” alleges the AriZona Tea class action lawsuit. In fact, “the FDA expressly classifies citric acid and ascorbic acid as preservatives in its Overview of Food Ingredients, Additives, and Colors, on the FDA’s website,” state the plaintiffs.

The class action lawsuit points out that the agency has warned other food and beverage makers about the use of citric acid and ascorbic acid in products advertised as preservative free.

“Plaintiffs and Class members were injured when the Defendant denied them the full benefit of their bargain,” alleges the AriZona Tea class action lawsuit. “They paid money for Products that they were led to believe were preservative-free, but consumers then received preservative-laden Products, which have significantly less value.”

Not only are AriZona tea products falsely advertised as having “No Preservatives,” argue the plaintiffs, the beverage maker intended to mislead consumers by making that claim.

The plaintiffs point out that consumers are increasingly interested in purchasing healthier more natural products and will pay more to do so. The class action lawsuit alleges that AriZona has a “natural interest in misleading consumers,” given that consumers will pay more for such products.

The AriZona Tea class action lawsuit seeks to represent a nationwide class of consumers, as well as New York and California subclasses, who made retail purchases of the beverages. The class action is seeking damages and a court order stopping the alleged false advertising and requiring AriZona to conduct a corrective advertising campaign.

The plaintiffs are represented by C.K. Lee of Lee Litigation Group, PLLC.

The AriZona Tea Class Action Lawsuit is Kubilius, et al. v. AriZona Beverage Company LLC, Case No. 1:18-cv-09075 in the United States District Court Southern District of New York.