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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 add me , drink it all the time , wow
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!
I’ve been drinking them daily for a very long time and am floored by this information
As I’ve been dealing with stage 4 leukemia
And am not supposed to use dairy probiotics
Hence the Kavita
Please include me in this suit and send me the necessary paperwork to involve myself I’m in Oregon
I have also been drinking one bottle per day, and have experienced bloating and weight gain, not to mention the cost.
Please add me to the list.
Me too I only drink DaVita pineapple and peach and the tart cherry because I thought those was the ones that were fermented I drink at least three or four a week I buy eight at a time every two weeks that’s a lot of money I’ve been getting mine at food Lion but for the fast month now they stopped carrying Kavita and the only place I can find it is at Walmart or Harris teeter I was trying to find out why food Lion stopped carrying it but I guess this is the reason please sign me up
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!
In these class action lawsuits the attorneys are the ones who make the big bucks. Best case scenario is that all members of the class get a coupon good for a $1.00 off their next KeVita purchase.
I buy this regularly and am so tired of companies providing false information. I have beem told to avoid sugar by doctors. I have fibromyalgia as well as IBS. Both are inflammatory illnesses which require low sugar diets.
Good luck finding a supermarket kombucha product that contains the live bactieria and not a lot of added sugar. I have tried many brands, and none of them will ferment, which tells me they are all dead.
Your best bet is to grow it yourself. Kombucha has been cultivated in primitive living conditions for centuries. Don’t believe the hype that it’s difficult to grow. It can go bad, so it’s best to give away the extras to your friends, or advertise on Craigslist, so if it does go bad, you’ve got some places to go to get a new batch. Until these soulsucker corporations got ahold of it, the rule of scobies was that you were not allowed to sell them.
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!
Currently drinking the Raspberry lemonade one and now I’m pissed!
I drink one every day and had no idea this was happening. Add me please.
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 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!