This was a class-action lawsuit filed in 2017 against the popular kombucha brand alleging false advertising and misleading label claims. Here’s a breakdown of the key issues:
Plaintiff’s Arguments:
- Pasteurization Controversy: The lawsuit claimed that KeVita switched from a raw, unpasteurized fermentation process to a pasteurized one without explicitly informing consumers. Pasteurization kills most live bacteria, which are commonly associated with the health benefits of kombucha.
- “Live Probiotics” Misrepresentation: Despite pasteurization, KeVita continued to advertise their kombucha as containing “live probiotics.” The lawsuit argued this was misleading and deceptive, as the live bacteria added after pasteurization are different from those naturally produced during traditional fermentation.
- Consumer Expectations: The plaintiffs maintained that consumers expect Kevita kombucha to be a raw, live probiotic product based on its marketing and branding. This alleged discrepancy between label claims and actual composition formed the basis of the lawsuit.
Outcome:
- The lawsuit reached a settlement in 2020, requiring KeVita to:
- Clearly disclose the use of pasteurization on its labels.
- Include a disclaimer highlighting that the added probiotics differ from those produced through traditional fermentation.
- Offer refunds to eligible customers who purchased KeVita kombucha between 2013 and 2020.
Impact:
- The KeVita lawsuit raised awareness about potential discrepancies between advertised health claims and actual product composition in the kombucha industry.
- It prompted increased scrutiny of kombucha labeling and manufacturing practices.
- Consumers became more mindful of pasteurization in kombucha and its potential impact on probiotic content.
