Arizona Wants Out Of Arnold Palmer False Labeling Row

Law360 (November 13, 2020, 9:48 PM EST) -- Arizona Beverages USA LLC has urged an Illinois federal judge to toss a consumer's lawsuit claiming the company misrepresented the healthiness of its zero-calorie Arnold Palmer drinks, arguing federal preemption and a lack of testing allegations drown his proposed class claims.

The Federal Food Drug and Cosmetic Act establishes standards for determining and labeling a beverage's calorie content, and consumer Kenneth Meyers' state law fraud suit fails to allege Arizona's 23-ounce, zero-calorie drink violates those federal regulations, the company argued Thursday.

"The complaint here is devoid of factual allegations to support the contention that [Arizona] falsely stated" the drink's calorie content,...

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