Two glasses of iced tea sitting next to bowl of ice and bowl of lemons

A class action lawsuit has been filed against Keurig Dr Pepper Inc. by a consumer who claims the company’s Straight Up Tea, purporting to be “Sorta Sweet,” has a high sugar content.

Robbin Sommer of California says she purchased Straight Up Tea at a Safeway in June 2019. She claims she relied on the “Sorta Sweet” representation when she purchased the product and believed it would be low in sugar.

Sommer states she would not have purchased the tea if she had known it was actually high in sugar. She explains that she would buy the tea again in the future if the product was remedied to reflect Keurig Dr Pepper’s labeling and marketing claims.

“Keurig Dr Pepper falsely and misleadingly markets the Products to consumers as being ‘Sorta Sweet’ and low in sugar as those terms are generally understood,” Sommer says in the Straight Up Tea class action lawsuit.



The plaintiff also notes Keurig Dr Pepper charges a premium for the product on account of its false and misleading representations regarding low sugar content, including “Sorta Sweet.”

At least in part due to the growing consumer awareness of health problems caused by excessive sugar consumption, in recent years, consumers have shown a distinct preference for products with little or no added sugar, Sommer says.

In addition, low-sugar products are generally marketed toward consumers seeking products useful in “weight control” through the consumption of fewer calories, Sommer says. She points to a scientific paper that states reasonable consumers “clearly link sugar to calories and therefore expect a reduction in sugar content to deliver a reduction in calorie content.”

The Straight Up Tea class action lawsuit also points out that because “low sugar” and “low added sugar” claims have never been authorized, they are prohibited. In fact, the U.S. Food and Drug Administration has issued warning letters to companies making “low sugar” claims, the plaintiff notes.

Sommer maintains that the term “sorta” is a synonym for “low,” which is why “Sorta Sweet” gives consumers the impression that the tea is low in sugar.



In fact, sugar is the second most prominent ingredient in the tea by weight, greater even than the amount of tea, Sommer argues.

Sugar on table and in wooden spoon

“Consumers will not expect a product represented as ‘Sorta Sweet’ to have 22 grams of added sugar, as indicated is present in the Product on the Product Nutrition Facts panel,” the Straight Up Tea legal news states.

Even though the nutrition facts tell consumers the 18.5 ounces of the tea provide 43% of the daily value of added sugar, they are not told whether this amount is low, medium or high, Sommer claims.

Contrary to the claims that the tea is low in sugar, the product is high in sugar and “pose[s] a specific risk of harm to consumers seeking to lower their sugar consumption, including those with diet-related diseases, such as Type 2 diabetes,” Sommer says.



Keurig Dr Pepper’s branding and packaging of the tea is designed to, and does, deceive, mislead and defraud consumers, Sommer states. She says that when she purchased the product, she sought a product that was low in sugar, as represented by the front label of the tea.

The Straight Up Tea class action lawsuit claims she read and relied on the defendant’s false and misleading product name (i.e. “Sorta Sweet”), statements and claims in its labeling and advertising of the products. She also says she relied on the statements of the tea packaging, which emphasize the product is “Sorta Sweet” even though the tea is high in sugar.

“Defendant has sold more of the Products, at higher prices per unit, than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” the plaintiff maintains.

Sommer also alleges that the value of the product that she purchased and consumed was materially less than the value as represented by Keurig Dr Pepper. She says she lost money as a result of the defendant’s deception in that she did not receive what she paid for. 

Common questions of law and fact in the Keurig Dr Pepper class action lawsuit include: whether Keurig Dr Pepper contributed to, committed or is responsible for the conduct alleged; whether Keurig Dr Pepper acted willfully, recklessly and negligently in committing the violations of law alleged; and whether the putative Class Members are entitled to injunctive relief.

Prospective Class Members include “all persons who have purchased the ‘Sorta Sweet’ Straight Up Tea beverage for their own use, and not for resale, in California, at any time from June 25, 2016, to time of trial.”

Did you purchase Keurig Dr Pepper’s Sorta Sweet Straight Up Tea thinking it was low in sugar? Leave a comment below.

The plaintiff is represented by Michael R. Reese and George V. Granade of Reese LLP and Spencer Sheehan of Sheehan & Associates.

The Straight Up Tea “Sorta Sweet” Class Action Lawsuit is Robbin Sommer v. Keurig Dr Pepper, Case No. 4:20-cv-04181, in the U.S. District Court for the Northern District of California.

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200 Comments

  • LISA HAWKINS August 11, 2020

    Please add me

  • Larry Carson August 2, 2020

    Add me.

  • Gina July 31, 2020

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  • Teressa Walsh July 28, 2020

    Add me please

  • Tonya Hembree July 27, 2020

    Add me

    • Katharine Toler July 28, 2020

      Yes, and I am trying to control high blood sugar ( medically proven) and this could have caused me to become diabetic. Please contact me.

  • Jane July 24, 2020

    Add me

  • Denise July 24, 2020

    I did

  • Emese July 24, 2020

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  • Samantha Honaker July 22, 2020

    add me on a sugar restriction

  • Samantha Medina July 22, 2020

    Wow… my family has health diet restrictions and we are no allowed to have a lot of sugar… we went to the store looking for unsweet tea with a little lemon or honey. We purchased this “sorts sweet” because we believed it had little sugar and used something else to sweeten… I had a reaction after drinking with my arthritis and my husband had an allergy reaction. Now we know why.

  • Margaret Susan Silver July 21, 2020

    Thus family boughtvthis product thinking it did not have sugar on it. Please add me.

  • Stuart Silver July 21, 2020

    Please add my name. This family uses this product and did not expect it to have sugar in it.

  • Desmond Murphy July 21, 2020

    AddDee

  • Derek J Paplauskas July 21, 2020

    Please add me

  • Cheryl Mallory July 21, 2020

    Add me please

  • Cheryl Mallory July 21, 2020

    Plz add me

  • Wayne July 21, 2020

    Please add me. I have purchased Keurig Dr Pepper’s Sorta Sweet Straight Up Tea many times thinking it was low in sugar. This is not right to be deceived like this.

  • Lucy Burany July 21, 2020

    please add me

  • Betty Roberson July 21, 2020

    Add me

    • Tiffany Gibson July 21, 2020

      Please add me

  • Rose M Parks July 21, 2020

    Please add me

  • Jennifer Villanueva July 21, 2020

    Add me

  • Cynthia L Mardis July 15, 2020

    Add me

  • Karen Wong July 14, 2020

    Please add me.

  • Charissa Simmons July 14, 2020

    Please add me

  • Ashley Woodworth July 14, 2020

    Add

  • Bobbie Atwood July 8, 2020

    Add

  • Bob stover July 8, 2020

    Please add me to list

  • Carl Demonbrun July 8, 2020

    Yes. The sugar content is definitely misleading. Thanks.

  • Kristin Morrissey July 7, 2020

    Yes

  • renaie hallacher July 7, 2020

    Yep

  • Gwendolyn Saddler July 7, 2020

    add me please

  • crisalida king July 7, 2020

    Add me please

  • Steffany Kovacs July 7, 2020

    Please add me

  • Rishaunda Hawes July 6, 2020

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  • Mark Szerlip July 6, 2020

    Please Add Me

  • Vera R Leftridge July 6, 2020

    Add me

  • Dorothy Wallace July 6, 2020

    Add me please

  • Anessa Hornback July 5, 2020

    Add me

  • Lorraine A Taylor July 5, 2020

    We drink this tea.

  • Dewayne A Starks July 5, 2020

    Add me please.

  • Curtis Pittman July 5, 2020

    Please add me

  • Tonia Alexander July 5, 2020

    My family drinks this tea.

  • April A Kendal July 5, 2020

    I drink this tea all the time.

  • Sandy July 5, 2020

    Please add me

  • RHONDA KAYE DIAMOND July 5, 2020

    I purchased this tea. I am diabetic

  • Gwen P July 4, 2020

    I did purchase the Sorta sweet tea. In fact I have some now.

    • Denise Lavelle July 4, 2020

      Please add me to this list because my whole family loves this

  • Stacey Green July 4, 2020

    yes found this out for myself
    add me

  • NORMA L LOOS July 4, 2020

    I have purchased this product numerous times because I believed it was lower in sugar. I would have much preferred the ‘sweet’ tea but purchased this variety to cut back on sugar even though it cost more at times. I was shocked when I read this class action and realized how much sugar it contained. The drink did not taste sweet and I really did not like it but purchased due to the claim a tad sweet which to me meant very little sugar. Very disappointed in this company for using deceitful advertising. Please include me in any class action. Thank-you.

  • Lucy July 4, 2020

    Please, add me.

  • Linda Leon July 4, 2020

    Add me please.

  • Paula July 4, 2020

    Add me

  • Cindi Sims July 4, 2020

    Please add me, this product was to sweet to enjoy

  • DESEREE July 4, 2020

    Add me

  • Patrick Rojas July 4, 2020

    Please add me

  • Yadigar Melikova July 4, 2020

    Please add me, my daughter and my mother in law
    Thank you

  • Anna Saxon July 3, 2020

    Please add me

  • Patricia Kirby July 3, 2020

    Bought 6 of them so sweet I threw them out…very disappointed. Try to avoid equal type beverages and high fructose corn syrup…so thought this might fit the bill.

  • JADY KAMALANI-QUITOG July 3, 2020

    Add me

  • Mary Jakubiak July 3, 2020

    Add me

  • Daniel Richardson July 3, 2020

    PLRASE ADD ME

    • Daniel Richardson July 3, 2020

      SPELL ERROR
      PLEASE ADD ME

  • Darlene NURSEFOREVER47@GMAIL.COM July 3, 2020

    Please add me

  • Alterek Belton July 3, 2020

    add me please

    • Chris Rosenberg July 3, 2020

      Add me please I buy 2 6 pts a week

  • joanne gobin July 3, 2020

    add me please

  • Lisa Liang July 3, 2020

    Please add me on the list

  • Jamie Ford July 3, 2020

    Loved this stuff…
    add me

  • April trees July 3, 2020

    Add me

  • Sara July 3, 2020

    Add me

  • Brenda Besson July 3, 2020

    Add me

  • Elizabeth Ross July 3, 2020

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  • Brandon July 3, 2020

    I drink this all the time

  • Jessica Oberrath July 2, 2020

    Add me

  • Colleen Dalli July 2, 2020

    please add me

  • Patricia Douglas July 2, 2020

    Please add me to this claim..

  • Edward Drake July 2, 2020

    Please add me to the class claim

  • Jennifer Sena July 2, 2020

    Add me

  • Marilyn S Martin July 2, 2020

    Please add me

  • Simon Edwards July 2, 2020

    I bought this. Please add me.

  • James July 2, 2020

    Please add me

  • Shari Rosenberg July 1, 2020

    Please add me

  • Corinthia Scales July 1, 2020

    Please add me to this lawsuit

    • AMANDA MARTINEZ July 3, 2020

      add me

  • Joyce Jones July 1, 2020

    Please add me in

  • Vanessa J Bonds July 1, 2020

    added me i have been drinking this

  • Bob Jurick July 1, 2020

    Please add me. My wife is diabetic.

  • M D Smith July 1, 2020

    Please add

  • Kelly July 1, 2020

    Add me

  • Jen Bailey July 1, 2020

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  • michael p derrickson July 1, 2020

    add me

  • scott clark July 1, 2020

    They say one thing and do another. Drives me crazy. Please add me.

  • Lorraine Rios July 1, 2020

    I bought this. Please add me.

  • Joann Church July 1, 2020

    Please add

  • laurie hamer July 1, 2020

    i tried this because i don’t like my iced tea super sweet. this was not what i thought it was please add me

  • Crystal Wilson July 1, 2020

    Add me too.

  • DeeDee Grams July 1, 2020

    Please add me !.

  • DeeDee Grams July 1, 2020

    Please add me ! I bought this several times and wasnt satisfied .

  • Kelly Williams June 30, 2020

    Please add me to this suit. I am a diabetic and I bought and drank this thinking it would be better because it would contain less sugar, I enjoy iced tea a lot all year round.

  • Jandon Watson June 30, 2020

    Add me please!

  • Alan Bryant June 30, 2020

    Please include me

  • CYNTHIA CHESTER June 30, 2020

    Please add me

    • Nancy Reed July 1, 2020

      Add me

  • Cynthia Chester June 30, 2020

    I too purchased this tea and added water to taste after the tea was brewed.

  • E.C. Phillips III June 30, 2020

    add me

  • Dawn Buff June 30, 2020

    Yes, please add

  • Marjorie Wills June 30, 2020

    Add me

  • Felicia R Reddick June 30, 2020

    add me in

  • Ronald Yohn June 30, 2020

    I had to water it down just to get desired taste.

  • Michele Ballew June 30, 2020

    Yes please add me to your list. I have drank so many of those over the years but I have to add a regular tea bag and water it down so it’s not so sweet tasting and I put it in a bigger glass. I can’t have that much sugar my body rejects it severely. I also think when you ask for tea they should notify you it’s a pr-sweetened tea. Because if I ask for an ice tea I expect a normal ice tea with nothing in it but ice and tea. When my granddaughter brought me my ice tea and I took one drink I said oh my honey did you add sugar to Gram’s tea? She said no it must just come like that. I told her you have to take this back and tell her I need a tea with no sugar.

  • Deanna Jackson June 30, 2020

    Wow! Some of these comments! Nothing to see here folks, this is just another example of people trying to short the system.

    I don’t see anything wrong with their packing, label or branding! If you are looking for a HEALTHY alternative drink UNSWEETENED!

    Sorta sweet means just that, and EVERYONE’s preference is different.

  • Lori Crush June 30, 2020

    Please add me. I have been purchasing Keurig Dr Pepper’s Sorta Sweet Straight Up Tea because i’ve been on a restricted diet and believed it was low in sugar.

  • Barbara J Truss June 30, 2020

    Please add me

  • Mindy June 30, 2020

    I was misled by this label also

  • Joann Brown June 30, 2020

    Add me please

  • Cynthia Vogt June 30, 2020

    It is too sweet. Advertising does not really state that it is way too sweet to even drink. Please include me in.

  • Lisa Jones June 30, 2020

    Please add me

  • Pam M June 30, 2020

    Add me

  • Emily Dileo June 30, 2020

    Please add me

  • Regina Bozic June 30, 2020

    Please include me.

  • sue demele June 30, 2020

    Please add me thought id buy it but it was too sweet sugared.

  • Izola Taylor June 30, 2020

    Please add me. False information

  • Alice June 30, 2020

    It was a trick . Add me

  • Denise Franks June 30, 2020

    Please add me to the list. It is not fair to the consumer and falsely advertised.

  • Deborah Wallech June 30, 2020

    Add me please

  • ANNE VITASEK June 30, 2020

    Please add me to this lawsuit I purchased this because of the misleading advertising…Thank you

  • jennifer bowen June 30, 2020

    please add me thanks.

  • Maggie Shelton June 30, 2020

    Add Me Please

  • Sheila June 30, 2020

    Add me please

  • sue spresny June 30, 2020

    add me please

  • Jennifer Morgan June 30, 2020

    Please add me, thank you!

  • Candace Bond June 30, 2020

    please add me

  • hattie igartua June 30, 2020

    add me as well

  • Guido Luis Pales June 30, 2020

    Please add me.

  • Tianle Tong June 30, 2020

    Please add me.

  • Bruce R Nordstrom June 30, 2020

    Please add me.

  • Teri R Kimmons-Struck June 30, 2020

    Please add me.

  • Sta4 June 30, 2020

    I buy this tea alot and feel slighted about this. Please add me

  • Jennifer A June 30, 2020

    Add me

  • Sherry Heflin June 30, 2020

    Please add me to the class action against STRAIGHT UP TEA SORTA SWEET case 4:20-cv-04181. Thank you.

  • Heather Leyva June 30, 2020

    Add me

  • Marie goddard June 30, 2020

    Please add me

  • Steve Hemphill June 30, 2020

    Please add me to this class action against STRAIGHT UP TEA SORTA SWEET case 4:20-cv-04181. Thanks !

  • Patricia June 30, 2020

    Add me

  • Lauri Michele June 30, 2020

    Please add me

  • Diana W Renner June 30, 2020

    Too much sugar for diabetics. Please add me also.

  • Earlene Chamblee June 30, 2020

    I’ve bought this product before please add me.
    Thanks

  • Claudia Smith June 30, 2020

    Please add me

  • Irma June 30, 2020

    I bought it all the time, thinking it was lower in sugar. Please add me to the list.

  • Keith WellsI June 30, 2020

    Add me. Thanks

  • Alain Michael June 30, 2020

    Please add me

  • Jina Davis June 30, 2020

    Add please

  • pc nels June 30, 2020

    my wife who is Diabetic Stage 2, has bought this “PHONY” labeled, so-called LOW sugar for many months, consuming Considerable Quantities, Falsely thinking it was Good/Better for Her/her diabetic issues !!!

  • Joi June 30, 2020

    I bought it several times because it said sorta sweet, thinking it was lower in sugar as well. I didn’t realize that it had such a high sugar content..

  • Tara C June 30, 2020

    Please add

  • Judy Nicole Baird June 30, 2020

    Yes add me

  • KIMBERLY MCCLANAHAN June 30, 2020

    I buy this product every time it’s on sale and a lot of it. I’m not very happy about all the sugar.

  • Karen Armer June 30, 2020

    Yep, add me.

  • Michael Irby June 30, 2020

    Add me

  • Kendra June 30, 2020

    Add me please.

  • ShaDarrald Williams June 30, 2020

    Please add me

  • Rosalynda Berrios June 30, 2020

    Add me. I thought it was kinda sweet.

  • Cathy June 30, 2020

    Please add me to the lawsuit

  • betty June 30, 2020

    I am a diabetic. This makes me so mad

  • Chikara Crooks June 30, 2020

    Please add me

  • Prakash c shah June 30, 2020

    add me

  • Marissa L Towns June 30, 2020

    Please add me

  • Nichole Mendez June 30, 2020

    Please add me to this.

  • David June 30, 2020

    Please add me,thanks!

  • Stephanie Smith June 30, 2020

    Please add me

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    Please add me

  • Charles L. Martinovic June 30, 2020

    Please add me

  • Alan Roth June 30, 2020

    Pls add me

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    Please add me

  • NANETTE HART June 30, 2020

    Yes. Add me.

  • Deljean A Stewart June 30, 2020

    please add me

  • Tyron Davis June 30, 2020

    Add me

  • Rena Green June 30, 2020

    Please add me. Purchased for myself & my.Grandma who are both diabetics.

  • Sherrena R. Green June 30, 2020

    Please add me. Purchased for myself & my.Grandma who are both diabetics.

  • Bobbie King June 30, 2020

    Add me purchased this product and did not know it contained this much sugar.

  • dana roberson June 30, 2020

    please add me

  • Monica Vallone June 30, 2020

    Please add me. Purchased for my granddaughter who is diabetic and had no idea there was sugar in it.

  • Jim Bulkowski June 30, 2020

    Add me

  • Sue June 30, 2020

    I am a type 2 diabetic and purchased this because I thought it was low in sugar.

  • Liza June 30, 2020

    please add

  • Renee WILDERMUTH June 30, 2020

    Please add me

  • John conklin June 30, 2020

    please add me

  • Monique Salerno June 30, 2020

    Add me please

  • Caroline Kim Hulse June 27, 2020

    Add me please

  • Gregary Johnson June 27, 2020

    Yes we love it

  • F. M. Foster June 27, 2020

    Add me please

  • Alan Bryant June 27, 2020

    Add me please

  • Donna Ianniello June 27, 2020

    Add me

  • carl Barker June 27, 2020

    Add me

  • Benjamin Quiles June 26, 2020

    Please add me

  • James Hughes June 26, 2020

    Please add me ruttshut@gmail.com

  • Germain Diaz June 26, 2020

    Yes I have I am a diabetic along with wife and daughter (who are no longer with me “RIP”). And we have look for alternatives to sugar. We had thought that this product was what it said, now we know that is not so please me to the list or lawsuit.

  • Lisa S. June 26, 2020

    Please add me in.

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