A lemon of a lawsuit in opposition to lemon-flavored water

Angeles v. Nestlé USA, Inc., — F.Supp.3d —-, 2022 WL
4626916, No. 21-CV-7255 (RA) (S.D.N.Y. Sept. 30, 2022)

The courtroom dismissed Angeles’ NY GBL and associated claims
alleging that San Pellegrino Essenza Lemon & Lemon Zest glowing mineral
water deceptively indicated that it was made with precise lemons and lemon zest
moderately than flavoring. The courtroom discovered deception implausible given using “flavored”
on the label. (I admit, I might be tempted to go the opposite method primarily based on the “lemon
zest,” which is a particular factor and never a widely known flavoring, together with the
footage of precise lemons on the label. However largely I’m attempting out cross-posting
to Mastodon, @rtushnet@mastodon.social, and LinkedIn,
because it appears to me that it could be time to extend readers’ choices for
following this content material.)

CO2 ADDED,” in addition to “drawings of contemporary full and reduce lemons, lemon peels and
leaves from the lemon plant, in a bottle coated in yellow cellophane.” The
again label nevertheless, says that it “CONTAINS NO JUICE” and consists of the Diet
Details panel, which states that it solely incorporates “CARBONATED MINERAL WATER” and
“NATURAL FLAVORS.” Angeles alleged that “[c]onsumers will count on the Product’s
lemon style is offered by lemon elements and have an considerable quantity of
lemon”—“an quantity enough so that every one the lemon style comes from lemons.” However
she alleged that the drink didn’t comprise “any considerable quantity of lemon
elements,” however as a substitute cheaper pure compounds that imitate lemon style,
such that, “although it might comprise some lemon compounds, it lacks sufficient, if
any, of the complementary taste compounds in actual lemons.”

Whereas “courts on this Circuit have sustained claims the place
the language of a product label, in context, referred not solely to a taste however
additionally indicated the presence of an ingredient,” they’ve repeatedly dismissed
circumstances the place a product’s label makes no “claims concerning the elements
constituting the flavour.” This was the case right here, the place the phrase “Lemon &
Lemon Zest” “merely represents that the Product is lemon flavored. The Product
doesn’t use language corresponding to ‘made with lemon,’ ‘made with lemon zest,’ or any
different related message that may convey to an affordable client that the
Product consists of these elements.” The label explicitly said “no juice,”
and the elements listing confirmed this.