Bai Brands LLC defeated a proposed class action Friday, alleging it used misleading labels on its drinks after a judge found lacking evidence about a sweetener is indeed artificial.
The case centers on the sweetener erythritol, a sugar alcohol used by Bai. Judge Arun Subramanian of the US District Court for the Southern District of New York granted Bai’s motion for summary judgment, finding the proposed class didn’t show whether a reasonable consumer would agree that erythritol is “artificial.”
“Without evidence of what definition a reasonable consumer would ascribe to ‘artificial’ in a label that states ‘no artificial sweeteners,’ Zinger’s ...