Snapple Looking to Squeeze Out of ‘Sorta Sweet’ Tea Class Action Lawsuit

Snapple Beverage Corp. is arguing that it should not have to face a class action lawsuit alleging it falsely advertises its Snapple Sorta Sweet drinks as containing less sugar in violation of FDA regulations.

Lead plaintiff, Robbin Sommer, claimed that she and other consumers reasonably assumed that Snapple’s Sorta Sweet drinks in their Straight Up Tea line would be a low sugar product. However, the beverages contain 22 grams of sugar, or 43% of a person’s recommended daily intake, according to the class action lawsuit.

Sommers accused Snapple of deceiving health-conscious consumers into thinking they were purchasing a low sugar product with the “Sorta Sweet” label. The plaintiff pointed to evidence that consumers would be duped by such labeling and would buy the product despite research showing that excessive sugar consumption can lead to a whole host of health issues, including diabetes.

Snapple Sorta Sweet Mere ‘Puffery’

The beverage maker shot back, with a motion urging a federal judge to toss the class action lawsuit in whole. According to Snapple, any consumer confused by the product’s label would likely look at the nutrition panel on the bottle, Law360 reported.

“No reasonable consumer goes through the mental gymnastics of redefining the puffery of ‘Sorta Sweet’ to mean ‘low in sugar’ while simultaneously ignoring the portions of the label that undo that implausible interpretation,” contended Snapple’s motion to dismiss.

Snapple also points out that its Sorta Sweet variety needs to be taken in context with the Straight Up line’s Sweet and Unsweetened beverages. Snapple Sweet Straight Up teas contain 45 grams of sugar, while the unsweetened version has no sugar, notes the motion.

“Each of these perspectives dispels any plausible allegation that reasonable consumers are misled,” asserts Snapple’s plea to the court. “And no reasonable consumer would rely on ‘Sorta Sweet’ to indicate the sugar content of the tea.”

Snapple also offers an alternative in its motion to dismiss, arguing that the plaintiff cannot rely on injunctive relief.

“[The plaintiff] faces no risk of future harm—she cannot be (unreasonably) deceived by the words ‘Sorta Sweet’ again, now that she knows the tea’s sugar content and can verify it anytime by looking at its Nutrition Facts panel,” states the motion.

Have you purchased Snapple Sorta Sweet Tea products? Are you surprised by the amount of sugar in the drink? Tell us what you think in the comment section below!

Lead plaintiff, Robbin Sommer is represented by Michael R. Resse and George V. Grenade of Reese LLP and Spencer Sheehan of Sheehan & Associates PC.

The Snapple “Sorta Sweet” False Ad Class Action Lawsuit is Sommer v. Snapple Beverage Corp., Case No. 4:20-cv-04181, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

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