Man Sues Kraft Over Lemonade Mix Claiming He Was 'Economically Injured'

An Alabama man filed a class-action suit against Kraft Heinz Foods, accusing the company of deceptive practices after alleging that a lemonade mix only makes six quarts of lemonade while promising eight.

In the suit filed Thursday, DeMarcus Rodgers claimed the company's Country Time lemonade mix makes two fewer quarts than advertised, resulting in him and other customers being "economically injured."

Rodgers claimed the labeling on the 19-ounce canisters of lemonade was "deceptive," "false," and "misleading," according to the most recent complaint filed against a large company over misleading labels.

In 2020, more complaints against food or beverage companies were filed than any other year on record, with 220 cases according to data collected by Perkins Coie law firm. Of all cases in 2020, 110 involved false or misleading labeling.

The 27-page complaint filed in the Northern District Court of Alabama, claims Kraft Heinz Foods violated the Magnuson-Moss Warranty Act as well as a violation of the Alabama Deceptive Trade Practices Act and breaches of Express and Implied Warranty.

Man sues Kraft over lemonade mix
An Alabama man is suing Kraft Heinz Foods claiming their lemonade mix only serves six ounces of lemonade although the label says it yields eight. "We are aware of the lawsuit, but believe it lacks any merit," a spokesperson for Kraft Heinz Foods told Newsweek. William_Potter/iStock

"Kraft Heinz' statements prominently displayed on the label are untrue, misleading, and likely to deceive reasonable consumers such as Plaintiff, because the canisters do not contain enough powder drink mix to make eight quarts of lemonade or pink lemonade using the mix line in the cap," the complaint stated.

After purchasing the lemonade mix, Rodgers claimed he noticed the lemonade tasted "diluted" and upon further inspection realized he was only able to measure six quarts worth of mix rather than eight.

The complaint stated that Rodgers would not have purchased the 19-ounce canisters of Country Time lemonade had he known the label was allegedly incorrect.

Rodgers claimed that since the common consumer does not have the means to test the contents of all foods, they rely on the company's representation of the product on the label.

He claimed in the complaint that Kraft Heinz misrepresented the product which mislead consumers purchasing the Country Time lemonade. It also stated that Rodgers had to purchase additional canisters "to make up for the lost volume of powder."

"Kraft Heinz' false, misleading, and deceptive representations and omissions are likely to continue to deceive and mislead the other Class members," the complaint read.

"Had Kraft Heinz not made false, misleading, and deceptive misrepresentations and omissions, Plaintiff and the other Class members would not have been economically injured," the complaint said.

The complaint asked for equitable relief, claiming he and other consumers sustained "monetary and economic injuries" from purchasing the lemonade mix.

The lawsuit also stated that the plaintiffs are "entitled to legal and equitable relief including damages, costs, attorneys' fees, rescission, and all such other relief deemed appropriate."

Rodgers also requested three times actual damages, or $300, attorney's fees, and further relief deemed proper by the court. He also asked that Kraft Heinz stop their practices which "violate Alabama statutory law."

A spokesperson for Kraft Heinz Foods told Newsweek they are aware of the lawsuit but believe Rodgers' claims lack "merit."

"We are aware of the lawsuit, but believe it lacks any merit," the spokesperson said. "We will strongly defend against the allegations."

Newsweek reached out to the lawyer representing DeMarcus Rodgers for comment.