Trader Joe’s Beats Appeal of Alkaline Water False Ad Suit

A label saying Trader Joe’s “Alkaline Water + Electrolytes” is “ionized to achieve the perfect balance,” wouldn’t make consumers think the product affects their own internal bodily pH, the Ninth Circuit affirmed Wednesday.

Dana Weiss alleged that the perfect balance phrase, along with a statement that the product would “refresh & hydrate” and holographic plus signs, duped her into thinking the water would balance her pH and hydrate better than other beverages.

But “a reasonable consumer does not check her common sense at the door of the store,” the U.S. Court of Appeals for the Ninth Circuit said in an ...