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Costco Raspberry Seltzer Ingredients Suit Fizzles Out in Court

Sept. 30, 2022, 4:44 PM

A Costco consumer’s contention that red coloring, a picture of two black raspberries, and the words “Black Raspberry Flavor” meant actual black raspberry juice in sparkling water was rejected by a federal judge.

Timothy Akers alleged that the language, the fruit, and the Kirkland-brand beverage’s red hue create a consumer expectation that the drink’s flavor is derived from black raspberries. Instead, the flavor comes from malic acid, he said in a proposed class action against Costco Wholesale Corp.

  • His interpretation isn’t plausible; it’s “fanciful and unreasonable,” the US District Court for the Southern District of Illinois said in dismissing the ...