Last week, beverage maker Rebbl Inc. was hit with a class action lawsuit alleging its “super herb” products are falsely advertised as having health benefits.
According to the super herb class action lawsuit, Rebbl sells 12-ounce “Elixirs” and “Proteins” that include “super herbs” or adaptogens, medium chain triglyceride (MCT) oil and coconut milk.
Adaptogens are plant-based substances that purportedly strengthen the body’s ability to resist physical, chemical and biological stressors.
The Rebbl Elixirs include: Turmeric Lemon Tart, Turmeric Golden-Milk, Reishi Cold-Brea, Reishi Chocolate, Maca Cold-Brea, Maca Mocha, Matcha Latte, Ashwaganda Spicy Chai. The Proteins include: Cold Brew Coffee, Dark Chocolate and Vanilla Spice.
Plaintiff Chris Richburg asserts that reasonable consumers understand the term “super herbs” to refer to “adaptogens” because both terms are used interchangeably in media reports, articles and professional literature.
By using the term “super herbs,” Rebbl intends for consumers to recognize it as an alternative word for adaptogens, the Rebbl class action lawsuit says. Richburg points to the company’s website, which touts the benefits of adaptogens such as turmeric, reishi, maca, matcha, and ashwaganda.
“The products and marketing materials promote and emphasize the benefits of adaptogens or super herbs as they relate to the body’s health and functioning,” Richburg says in the Rebbl class action lawsuit.
“This is evident from the name attributed to the Products – ‘Super Herb Powdered Coconut-Milk Elixir’ and the phrase ‘Righteous Plant Alchemy’ in the center of the label – ‘Super Herb’ referring to ‘adaptogens’ while an ‘Elixir’ connotes a beverage with restorative qualities.”
However, the Rebbl class action lawsuit alleges the labeling and advertising of the super herb products is false and deceptive because the claims aren’t supported by scientific evidence, and that they lead consumers to believe they are healthier than they actually are.
Richburg claims that these misrepresentations have allowed Rebbl to charge a premium compared to other beverages on the market.
The products’ labels also indicate they are made with coconut milk when the ingredients list states they actually include water and coconut cream, which is created through the natural separation of coconut milk.
According to the Rebbl class action lawsuit, Richburg purchased the super herb products in 2017 at a price of at least $4.99 per product. He says he paid a premium for the product because he saw and relied on Rebbl’s allegedly misleading representations.
Richburg filed the Rebbl class action lawsuit on behalf of himself and proposed Class of all U.S. consumers who purchased the allegedly deceptively labeled Rebbl super herb products. He also seeks to represent a Class of New York consumers who purchased the products during the applicable statute of limitations period.
The Rebbl class action lawsuit asserts claims for breach of express warranty, breach of the implied warranty of merchantability, fraud, and unjust enrichment. Richburg is seeking injunctive relief, monetary damages, attorneys’ fees and costs, and other relief deemed proper by the court.
Richburg is represented by Joshua Levin-Epstein of Levin-Epstein & Associates PC and by Spencer Sheehan of Sheehan & Associates PC.
The Rebbl Super Herb Class Action Lawsuit is Chris Richburg v. Rebbl Inc., Case No. 1:18-cv-01674, in the U.S. District Court for the Eastern District of New York.
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13 thoughts onRebbl Class Action Challenges ‘Super Herb’ Drinks’ Health Claims
It’s also a bit curious to me that he goes on to say: “The products’ labels also indicate they are made with coconut milk when the ingredients list states they actually include water and coconut cream, which is created through the natural separation of coconut milk.” Am I missing something? It’s literally, the SAME ingredients. This is splitting hairs.
Natural separation is just that, it doesn’t mean they added eggs and told you it was eggless, it’s literally the same ingredients that it’s claiming to be. The bottles very clearly state to shake well.
This suit is a disgusting cash grab at the expense of a very ethical company doing something good in this world. Anyone jumping on this bandwagon to get involved ought to be ashamed of themselves. How has this actually hurt you?
If someone was hurt or actually defrauded it would be a different story. Common sense dictates that you’re not going to cure your cancer, baldness, gout, shingles, arthritis, excessive drooling, or sparse eyelashes with a bottle of Rebbl – the herbs help in a longer-term, gentler fashion for whole-body boosts and general overall better health.
Science DOES support this, even if the FDA still refuses to acknowledge the efficacy of herbal products until they kick big pharma out of bed first. Note: I am not at all affiliated with the company, I am just a regular customer who stands by my own statement that these products have helped me tremendously.
I had a family member in New York who was extremely stressed out as a police officer. I had already been drinking it and saw the benefits for myself. He took a few sips during a major stressor and instantly calmed down. As a therapist, I would hope that people would understand how adaptogens work for their own bodies and not get caught up in pricing. Everyone speaks from their own perspective-and to that end, may each person do what is in their best and highest good. I’m sure other brands “tout” energy in a few hours so why do you think within yourself that suing a company doing good in a fight against a real killer -human trafficking is the way to go? What inside of your soul has caused you to do this; and what do you hope to gain from it when so much good has been done and so many positive reviews have been reposted including mine?
Everything is a choice. I hope that we all make the right ones. As for us, Rebbl is a keeper. January is Human Trafficking Awareness Month. New York is a HUB. Rebbl gives back to help them stop it. Think about that the next time you send out a “cease and desist” and “class action” against those who have pure intent and who are simply helping others. Your time, energy and money could have been used towards something better. That’s my opinion-just as your lawsuit is-an opinion. At best uniformed based on the notion that all bodies are created the same and that everything with labels are “magic.” Things take time. May you use yours with more efficacy than your lawsuit. It’s absurd how steeped in tradition people are-especially now with the country in total disarray. One drink uniting the nation and you seek to upset millions and not even think about those who are raped, killed and sold every 26 seconds that this beverage helps stop. Read the fine print Beyond the ingredients-which do work. Natural food stores carry this beverage. As well, they carry the herbs in it. Funcional and integrative medicine is here to stay. We should all catch up. Nature was here first. In 2020 the earth was untouched -for a reason. Many don’t buy Rebbl just because of the ingredients. They buy it because it tastes good-and it is a better alternative to sodas and other beverages on the market. Again, really think about what you’re doing before you speak or sue. What do you stand to gain? Besides money? And attention? Meanwhile, the very people this drink helps are being snatched from their homes and sold into trafficking-do you want their lives to be free? Think about it. Survivors of any kind of Holocaustic activity should run to Rebbl!
Ariel, you said this so much better than I could have. I love these drinks as well. I’ve spent many years learning about holistic treatments as a bit of a hobby. In my experience, I know it as a fact that herbs such as turmeric, ashwagandha, and matcha have helped me feel better and rebalance for years, and also with these drinks.
I personally think this suit is nothing more than a ridiculous cash-grab and reading about this disgusted me.
I had no idea that Rebbl has donated to fight human trafficking – now I will be sure to purchase even more of their products.