Lemon Raspberry Italian Sparkling Mineral Water with organic flavors.’
The ingredients list on the back of the pack lists ‘c
arbonated mineral water’ and
Plaintiff: ‘Consumers
will expect the presence of a non-de minimis amount of lemon and raspberry ingredients, based on the pictures of these fruits…’
Sheehan - who has sued scores of food and beverage companies in recent years from emerging or challenger brands such as Forager Project, Halo Top, RXBAR and That’s It, to CPG giants including Conagra and Nestlé, over everything from underfilled pints to ‘made with real milk’ claims - makes the argument that the label is setting up expectations that are not being met in a lawsuit filed April 11 in New York.