Lack Of Notice Dooms Kombucha Brewer False Ad Claim

By Mike Curley (March 23, 2020, 6:47 PM EDT) -- An Oregon magistrate judge on Monday recommended the court toss a suit alleging Brew Dr. Kombucha LLC misled consumers about the amount of beneficial bacteria in its drinks, saying the buyer leading the proposed class action failed to give the brewer notice as required under Idaho state law.

U.S. Magistrate Judge Jolie A. Russo said while the factual basis of Gunnar Amos' suit is supported by his pleadings, Idaho law applies to his suit and requires that he give adequate notice to Brew Dr. on claims of breach of express and implied warranty.

In the suit, filed in October, Amos alleges...

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