Trader Joe’s Alkaline Water
November 2018: A federal judge dismissed this complaint finding that most of the marketing claims at issue are non-actionable puffery or would not deceive a reasonable consumer. The judge also dismissed the claims regarding the 9.5 pH level concluding that plaintiffs failed to plead why she believes the represented pH is false and when the pH of the water was not 9.5. The judge granted plaintiffs leave to amend only their claims about the pH balance.
June 2018: A false advertising class-action lawsuit was filed against Trader Joe’s for allegedly misrepresenting that Trader Joe’s Alkaline Water is “ionized to achieve the perfect balance” and implying that the water provides more hydration by placing plus signs next to the statement “refresh and hydrate” when, according to plaintiffs, the company does not have adequate support to make claims that the water is “perfectly balanced” or will provide more hydration than other water. In addition, the complaint alleges that Trader Joe’s misleadingly markets the product as “Alkaline Water + Electrolytes [that] is ionized to pH 9.5+,” when, according to plaintiffs, the water does not have the represented pH (or measure of acidity and alkalinity) and is more acidic than represented. (Weiss et al v. Trader Joe’s Co., Case No. 18-cv-1130, C. D. CA.)
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