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Consumer Law
False Advertising
Alcohol

Ilana Gauss v. Millennium Products Inc., et al.

Published: Nov. 12, 2011 | Result Date: Oct. 18, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CGC-10-503347 Settlement –  Equitable Settlement

Court

San Francisco Superior


Attorneys

Plaintiff

Adam J. Gutride
(Gutride Safier LLP)


Defendant

Carlos M. Lazatin


Facts

A class action was filed against Millennium Products, Inc., which sold GT's Kombucha and Synergy drinks.

Contentions

PLAINTIFF'S CONTENTIONS:
The complaint alleged that the beverages did not contain any warning that they could or did contain more than 0.5 percent alcohol by volume and such drinks were sold and displayed as if they were non-alcoholic drinks or tea.

DEFENDANTS' CONTENTIONS:
Millennium contended that independent tests show that the beverages did not exceed 0.5 percent alcohol by volume at the time of distribution, and that any subsequent increases in alcohol content were sporadic and rare, and likely resulted from mishandling by third parties.

Result

Qualified class members will either receive a full refund for the purchase and/or up to $6 in coupons.


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