A Bessemer, Alabama, man has filed a class-action lawsuit against Kraft Heinz Foods accusing the company of false labeling and deceptive trade practices in relation to the company’s Country Time lemonade mixes.
In a suit filed Thursday in federal court, DeMarcus Rodgers claims that while Kraft Heinz says its 19-ounce canisters of powder lemonade mix make eight quarts of lemonade, the amount of powder provided makes only six quarts when following measuring directions listed on the product’s packaging.
“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 lawsuit claims.
The 27-page initial filing claims that Kraft Heinz’ conduct violated the Magnuson-Moss Warranty Act and the Alabama Deceptive Trade Practices Act, as well as breaching the company’s own express and implicit warranties.
The suit asks for three times “actual damages” to Rodgers and others who may have been impacted by the company’s alleged deception, as well as other damages “in amounts to be determined by a jury and/or the Court.” Rodgers is also asking that the court order Kraft Heinz to stop its “unlawful practices” and give up any “ill-gotten” profits from sales of the lemonade mixes at issue in the case.
Multiple attempts to reach DeMarcus Rodgers and Kraft Heinz foods Thursday were unsuccessful.