Pepsi Class Action Says Izze’s ‘No Added Sugar’ Label Claim is Deceptive

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A class action lawsuit against Pepsi claims that Izze Sparkling beverages shouldn’t be labeled as free of preservatives and added sugars, as advertised.

Plaintiff Elizabeth Toribio says she purchased an Izze Sparking Grapefruit beverage in New York state for $3.10.

Allegedly, she made her purchasing decision based on the labeling on the front of the bottle, which advertises that the drink contains no added sugar and no preservatives.

However, she claims that she discovered that the drink did contain preservatives including citric acid and ascorbic acid. Additionally, she says that although the drink was labeled as having “no sugar added,” it has a deceptively high caloric count.

Toribio claims that had she known that the beverage contained both preservatives and a high caloric content, she would not have purchased it at all, or would not have paid as much for it as she did.

The Izze sparkling beverage class action lawsuit states that Pepsi, the makers of the drink, intentionally use advertisements that the product contains “no added sugar” and “no preservatives” to entice customers into purchasing the product.

According to the Izze class action lawsuit, Pepsi knows that customers have a preference for low calorie and natural foods, so they are attracted to foods that are labeled has having no added sugar and no preservatives.

Allegedly, foods labeled as such are seen to be healthier, and health-conscious consumers rely on food labeling to make the best purchasing decision possible.

Toribio claims that the Izze drinks are not, in fact, healthier for consumers because they are not lower in calories than comparable beverages, and are not free of preservatives. In fact, the Pepsi class action lawsuit claims that Izze beverages have a higher caloric content than other beverages.

Allegedly, linking the message that the products contain “no added sugar” and that they contain “no preservatives” functions to position the product as a healthy beverage, or at least healthier than comparable beverages.

The Izze false advertising class action lawsuit claims that consumers “clearly link sugar to calories and therefore expect a reduction in sugar content to deliver a reduction in calorie content, and they felt misled if this was not the case.”

In addition to claiming that Pepsi falsely advertised its product, the Izze mislabeling class action lawsuit says Pepsi’s labeling of the products constitutes fraud, because the Izze beverages do not meet federal requirements for a product to be labeled as no added sugar.

These requirements state that a product that is labeled as having “no added sugar” be also labeled as “not a low calorie food” if it does not also meet other low calorie food requirements. These requirements are allegedly put in place because consumers are so likely to link “no sugar added” claims with “low calorie” claims.

According to the Pepsi Izze labeling class action lawsuit, Pepsi “misleadingly, illegally, and deceptively seeks to capitalize on these consumer health trends,” unjustly benefiting from consumers’ willingness to pay a premium for products that they perceive to be healthier and of higher quality than other products.

Toribio is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Pepsi Izze Beverage “No Added Sugar” Class Action Lawsuit is Elizabeth Toribio v. Pepsico Inc., Case No. 2:18-cv-03637, in the U.S. District Court for the Eastern District of New York.