According to a proposed class action lawsuit, the company that makes Nova Easy Kombucha marketed its alcoholic drinks as healthful, while, in reality, drinking alcohol can lead to several health problems.
According to the complaint, the goods’ health and wellness message is misleading because it is commonly known that alcohol consumption, even in moderation, raises the risk of sickness and cancer and harms practically all of the body’s major organs, especially the liver.
Albert Renn claims that Otay Lakes Brewery publishes advertising slogans like “Some things in life are good for you, other things in life are fun.” Nova Kombucha is a complex, alcoholic canned kombucha in various flavors. Its hip, vibrant, maximalist graphic-designed cans read, “They don’t meet each other very often, but when they do, life gets pretty brilliant quickly.”
Other catchphrases declare that the sentence above reads, “Nova Easy Kombucha is one of those rare things where health, balance, and goodness get much more interesting.”
Otay Lakes Brewery, LLC claims in the 25-page lawsuit that its product line of alcoholic kombucha is “good for you” and encourages “health, balance, and goodness.” Still, the drinks contain six to eight percent alcohol by volume. The document emphasizes that alcohol use is harmful to general health since it increases the likelihood of several harmful disorders.
The lawsuit claims the flavors are deceiving citing terms such as Peach Passion Fruit, Sexy Mojito, Mango Ginger, Hibiscus Lavender, Acai Berry Guarana, Mango Chili, Orange Brunch, Tangerine Turmeric Cayenne Pepper Ginger, Sexy Piña Colada, Mint Watermelon, Cactus Fruit Agave Jalapeño, Peachy Lychee, Strawberry Coconut, to name a few.
However, the San Diego federal judge threw out a request for an injunction Monday.
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Gonzalo Curiel, a U.S. District Judge, rejected the plaintiff’s request for an injunction, stating that Renn’s claims on the alcohol content of the beverages did not support the probability of potential recurrent harm.
Kombucha is a fermented tea beverage that has gained popularity for its potential health benefits. This tangy and effervescent drink is created through the fermentation of sweetened tea with a symbiotic culture of bacteria and yeast (SCOBY). Proponents claim that Kombucha offers various health advantages, including improved digestion, enhanced immune function, and increased energy levels.
Additionally, it is believed to be a rich source of probiotics, which can support gut health. Some studies suggest that Kombucha may possess antioxidant properties and contribute to detoxification processes in the body. However, it’s essential to note that scientific evidence supporting these health claims is limited, and the potential benefits of Kombucha may vary among individuals.
Moreover, improper preparation or contamination during fermentation could lead to harmful bacteria or excessive alcohol content, posing potential side effects such as digestive issues or allergic reactions. As with any dietary supplement, it is advisable to consume Kombucha in moderation and consult with a healthcare professional if there are concerns about its impact on individual health. “Here, even though the surgeon general’s warning is right below the challenged statements, the court concludes that this is not one of the ‘rare situations’ where granting a motion to dismiss is appropriate because it cannot conclude, as a matter of law, that no reasonable consumer would be misled by the labels at issue,” Judge Curiel stated.
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