ARTICLE · 04 AUGUST 2021

Food & Beverage Digest - July 2021

Alston & Bird

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Arnold Palmers are in the drink again after a consumer filed a putative class action in Illinois federal court challenging the "Zero / No Calories" labeling on some...

United StatesConsumer Protection

New Lawsuits Filed

No Mulligan to Sweet Tea Lemonade for Flubbed Calorie Scorecardc

Schrode v. Arizona Beverages USA LLC, No. 1:21-cv-03159 (N.D. Ill. June 11, 2021).

Arnold Palmers are in the drink again after a consumer filed a putative class action in Illinois federal court challenging the "Zero / No Calories" labeling on some of an iced-tea company's beverages. Relying on Merriam-Webster to capture the true essence of "zero," the consumer claims that these labels are misleading and deceptive because the drinks contain more than zero-and as many as 15 (15!)-calories.

According to the complaint, after taking a stroke penalty, the half lemonade, half iced-tea summer favorite then found the bunker by using allegedly skewed reference amounts customarily consumed (RACCs) and nutrient facts panels to downplay the actual calorie content of the drinks. The defendant allegedly applied the RACC for noncarbonated beverages (12 oz.) so that it could round the

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