Kombucha Co.'s Labeling Suit Against Competitor Gets Boot

By Rick Archer (September 12, 2018, 8:36 PM EDT) -- A California federal judge Wednesday dismissed a kombucha maker's claims a competitor misrepresents the sugar and alcohol content of its products, saying the plaintiff provided insufficient evidence the beverage is labeled incorrectly or that it was hurt by the alleged misrepresentations.

U.S. District Court Judge Manuel Real dismissed Tortilla Factory LLC's false advertising claims against Rowdy Mermaid Kombucha LLC, saying Tortilla Factory's evidence on the actual alcohol and sugar content of Rowdy Mermaid's products was inadequate and that Tortilla Factory had not shown their products were even being sold in the same regions.

"Moreover, plaintiff has not alleged facts supporting its...

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