Naked Beverages

February 2017: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled.because the parties reached a settlement agreement. According to the agreement, the company will more clearly identify predominant ingredients and more clearly disclose that the beverages are not low in calories or sugar, among other things. In addition, the company agreed to provide monetary relief to consumers. The terms of the financial component of the agreement were not disclosed.

October 2016: A class-action lawsuit was filed against PepsiCo for allegedly deceptively marketing Naked, a line of juice and smoothie beverages. The complaint alleges that the company:

• Misleadingly names Naked beverages after certain foods or ingredients when the drinks do not contain the represented ingredients;
• Deceptively labels Naked beverages as having “No Sugar Added” without disclosing that the beverage is not low in calories or directing consumers to the nutrition panel for more information, as required by regulations;
• Misleadingly represents that the vitamins in the beverages come from fruits and vegetables when, in reality, the vitamins are added by the manufacturer.

(Lipkind et al v. PepsiCo, Inc., Case No. 16-cv-5506, E. D. NY.)