Man sues Kraft Heinz over its lemonade mix — calling it ‘misleading’ and deceptive
A man is suing Kraft Heinz over its Country Time lemonade mixes and calls its labeling “misleading” and deceptive.
He claims that customers, including himself, “will continue to suffer harm as a result of Kraft Heinz’ unlawful conduct” because the company’s 19-ounce lemonade mixes don’t have “enough powder drink” as labeled, according to the class-action lawsuit filed in federal court and obtained by McClatchy News.
Alabama resident DeMarcus Rodgers’ lawsuit argues that the company’s lemonade canisters “purport” to make 8 quarts of lemonade but only make 6, the 27-page complaint states. It also says Kraft Heinz has fueled a major marketing campaign to falsely “portray” this.
Company spokeswoman Lynsey Elve told McClatchy News that “we are aware of the lawsuit, but believe it lacks any merit.”
“We will strongly defend against the allegations.”
McClatchy News contacted Rodgers’ attorneys who were not immediately available for comment.
“Kraft Heinz’ statements prominently displayed on the label are untrue, misleading, and likely to deceive reasonable consumers such as Plaintiff, because the cannisters do not contain enough powder drink mix to make eight quarts of lemonade or pink lemonade using the mix line in the cap,” the lawsuit states.
It says Rodgers and customers who purchased the 19-ounce Country Time lemonade mix have “suffered injuries and damages” from Kraft Heinz because they wouldn’t have purchased the drink mixes had they “known the true facts.”
The complaint details how Rodgers bought Country Time lemonade and pink lemonade powder drink mixes and “began noticing” they “tasted diluted” before realizing that he could only measure “six quarts worth … instead of the usual eight quarts worth.”
Rodgers “has had to purchase additional 19 oz cannisters … to make up for the lost volume of powder to make lemonade and pink lemonade to drink.”
The lawsuit claims that Kraft Heinz’s alleged misconduct went against the Magnuson-Moss Warranty Act and the Alabama Deceptive Trade Practices Act and that the company was notified of the “defect” in its products but “failed to cure” them.
Rodgers is seeking “three times actual damages” sustained by him and customers who purchased the lemonade mix as well as costs to cover attorney fees, according to the complaint. The damages weren’t specified, but Rodgers requests that amount or $100, whichever is higher.
Ultimately, the lawsuit claims “the general public” of Alabama has been “misled and deceived” by Kraft Heinz.
This story was originally published April 22, 2022 at 9:10 AM with the headline "Man sues Kraft Heinz over its lemonade mix — calling it ‘misleading’ and deceptive."
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