On March 6, 2018, proposed class claims were filed against Brew Dr. Kombucha LLC in Illinois state court alleging that the healthy beverage company intentionally misled consumers with its false advertising scheme.
The suit was filed by named plaintiff Vladislav Bazer. Bazer alleges that the defendant claims its bottles of kombucha contain a significantly higher concentration of probiotic bacteria than is actually found in the beverage. In the complaint, Bazer argues that consumers generally purchase a specific brand of kombucha based on the probiotic content as stated on the product label. In the context of kombucha, probiotics refer to helpful bacteria found within the digestive system, which assist in regulating various bodily functions. Probiotics are measured in colony forming units (“CFUs”).
Brew Dr. Kombucha advertises that each bottle is host to “billions of probiotic bacteria, beneficial yeasts and organic acids.” However, Bazer alleges that the defendant’s kombucha tea only contains around 50,000 CFUs of probiotic bacteria per bottle.
Bazer is seeking to represent a class of Illinois consumers, in addition to a national class. The suit brings causes of action for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, as well as breach of express warranty, breach of implied warrant and unjust enrichment.
The case is: Vladislav Bazer v. Brew Dr. Kombucha LLC, Case No.: 2018CH02943, in the Circuit Court of Cook County, Illinois.
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