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SOUTHERN CALIFORNIA RECORD

Thursday, May 9, 2024

Class action claims Rowdy Beverages contain citric acid, so they're not preservative free

Civil Lawsuits
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Charles Weller | Charles C. Weller APC

SAN DIEGO - Rowdy Beverages has been hit with a class action lawsuit alleging the company of falsely marketing its beverages as preservative-free despite containing citric acid. 

The suit was filed Feb. 13 in federal court in San Diego by plaintiff Mario Palacios, of San Diego, on behalf of himself and all allegedly similarly affected consumers.

The lawsuit claims that Rowdy's brand lemonade, passion dragonfruit, pineapple passionfruit, and watermelon flavored energy drinks are misbranded and deceptively labeled. It argues that the company knowingly sold these products to both commercial and individual consumers through various channels including direct sales, shipping, advertising, marketing materials and online.

The lawsuit asserts the alleged mislabeling violates California consumer protection laws, among other counts.

The plaintiffs seek to expand the action to include potentially thousands of others who the complaint asserts were similarly allegedly misled by Rowdy's labels.

The court filing indicates the plaintiffs will demand at least $5 million in damages, plus attorney fees.

The plaintiffs are represented by attorney Charles C. Weller of Charles C. Weller APC, of San Diego.

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