Dive Summary:
- A federal judge has dismissed a lawsuit against Tetley USA over alleged "improper antioxidant, nutrient and health claims" in California, though Daryl De Keczer, the plaintiff, will have until the end of August to file an amended complaint.
- De Keczer focused on Tetley Classic Blend Black Tea, Pure Green Tea, Iced Tea Blend Tea and Tea Mix in the complaint, arguing that its Tetley's claims "have been expressly condemned by the FDA in numerous enforcement actions and warning letters."
- Edward Davila, the U.S. district judge in the case, dismissed De Keczer's complaint, with the court arguing, "Labels on product packaging and websites are ‘product descriptions rather than promises that [a food product] is defect-free or guarantees of specific performance levels.’”
Dive Insight:
Ultimately, Tetley seems to have ended up on better footing than Dr Pepper Snapple Group did after settling its own antioxidant-oriented suit over 7-Up vitamin E claims.