brew dr kombucha lawsuit

'], The complaint adds: "Independent laboratory testing has revealed that Defendant’s product labeling and advertisements were false and misleading because its kombucha drink products contained far less probiotics than specifically represented by Defendant. ADM | 17-Nov-2020 Health and nutritional ingredients, Glanbia Nutritionals | 19-Nov-2020 Brew Dr. Kombucha is the most tea-obsessed kombucha company in the world. you wish to subscribe to. Sign-up Legal experts contacted by FoodNavigator-USA said it highlighted the confusion over probiotics among food marketers, with some brands assuming that all fermented foods and beverages using live cultures such as yogurt or kombucha by definition contain 'probiotics' and others arguing that any references to probiotics should be limited to brands adding well-documented probiotic strains with clinical backing. Although not as damaging as a guilty verdict in court, a settlement and even a dismissal can cause consumers to develop trust issues with brands for which they previously patrons. Food Navigator reported sales for the year ending February 24 of refrigerated kombucha and other fermented beverages rose 21% to $728.8 million. In fact, Defendant’s 'Clear Mind' kombucha drink has been shown to contain only 50,000 CFUs of probiotic bacteria per bottle—far less than the 'billions' advertised on its product labeling., "Indeed... it is telling that Defendant has recently changed its labeling practices to remove all references to the amount of probiotic content in its kombucha drinks. these organizations. I only purchased one time. The Class-Action Tracker is intended to notify consumers about false advertising class-action lawsuits filed around the country, but does not necessarily reflect TINA.org’s opinion with respect to the lawsuits or disposition of the cases, Ad Alerts kombucha, Bacteria, Probiotics I buy caeses once a month at Costco. , "To avoid these types of consumer class actions, any company that labels its products as containing probiotics would be well advised to label specifically as to strain, quantity, and expected duration of that quantity, and to avoid making health claims. Amos is represented by Myles McGuire and Eugene Y. Turin of McGuire Law PC, and Steve D. Larson of Stoll Stoll Berne Lokting & Shlachter PC.

"They might be saying that they want Brew Dr to change its labels even more, or add some kind of statement for a limited period, but the main reason is that they want to make money. Cultures, enzymes, yeast, function sanitize_gpt_value2(gptValue) | [Editor's note: The products pictured in the lawsuit reference "billions of live and active cultures" and "billions of beneficial bacteria, yeasts and organic acids" on product labels, but do not appear to use the term 'billions of probiotic bacteria. Asbestos Compensation: Can You Sue for Mesothelioma? Bazer v. Brew Dr. Kombucha, No. As the kombucha market matures, its sales are beginning to level off, potentially making it harder to weather repeated lawsuits as when it was a nascent, hot category. Many of our attorneys also have government experience and expertise in multiple areas of the law. Amos cites one advertisement that claims that “each bottle hosts. Amos says he selected Brew Dr. Kombucha because he read the advertisement that it contained “billions” of “beneficial bacteria, yeasts and organic acids.”, However, the plaintiff states that laboratory testing determined that the company’s Clear Mind kombucha only contains 50,000 CFUs of probiotic bacteria which is “far less than the ‘billions’ advertised on its product labeling.”. ", Asked about the substance of the latest complaint, he added: "It is entirely possible that Brew Dr. Kombucha has billions of probiotic bacteria measured using some metric other than CFUs and that its label statement is not literally false. | Technical / White Paper. In the case of Brew Dr. Kombucha, removing any mention of probiotic content prevents the company from touting health benefits that were previously part of its image and could affect sales.
var aTags = gptValue.split(','); Losers. The company could spin this new labeling as an effort to further differentiate itself and play up other attributes like its antioxidant content from tea or the functional benefits associated with its individual flavors. Consumers are being duped because they buy kombucha drinks for their probiotic content in particular, according to the complaint.