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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
Please include me
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Please add me
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please add me
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
WOW! I am ever so disappointed to hear of this false claim. Trying to be healthier isn’t as easy as it is costly and to think I was using my SNAP benefits. Thanks for the heads up. This Vermont girl isn’t going to purchase Kevita any longer.
This is terrible! These drinks are expensive and I have wasted a lot of money on them! Please add me!
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I been drinking this 4 times or more per week.. please add me in this I spend my money in something that I thought was healthy..
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I’ve been buying these for a long time. How do we get added to this?
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I buy these ALLL the time and had no idea this was happening
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Add me I buy these all the time
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Please include me.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!