The class action “war drums” continue to sound as another lawsuit has now been filed alleging false and misleading product labeling in violation of FDA regulations.
It is alleged the Bai Brands deceive consumers who think they're drinking something all-natural when, in fact, the product is anything but.
Bai's drinks, the lawsuit alleges, are actually chock-full of unnatural ingredients and artificial flavors despite labeling that claims they are all-natural and flavored naturally. That "false and misleading" labeling, the suit explains, is in violation of state and federal law.
The lawsuit isn't just seeking money -- though it has asked a judge to award restitution, actual damages, punitive damages, court costs, and attorneys' fees. It also wants a judge to issue an order "compelling Bai to stop violating FDA regulations, to relabel all existing products and to conduct a 'corrective advertising campaign' to inform consumers," the website explains.
Justin Timberlake has been added to the lawsuit since the pop star is the first ever “Chief Flavor Officer” of Bai Brands, in which he apparently invested in 2016, helping Bai beverages. The suit already named Bai Brandsk Dr. Pepper Snapple Group, Dr. Pepper president Larry Yound and Bai founder Ben Weiss.
Fortune reported in 2016 that Bai was expected to generate $300 million in revenue that year alone.
The filing of yet another class action lawsuit alleging “false and misleading” food product labeling only illustrates, once again, the void left by the FDA in its failure, or refusal, to further define the meaning of “all natural” food products in the marketplace. Expect more class action filings into the foreseeable future.
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