Two Californians alleging Health-Ade LLC deceptively touts its “Health-Ade” kombucha drinks as healthful despite a high sugar content have plausibly alleged that consumers would think the beverage’s name implies healthfulness, a federal court in the state said.
Brandon Johnson-Jack and Michael Xavier alleged the branding conveys the message that the fermented tea drinks “aid health,” which they say is misleading in light of studies linking high-sugar beverages with heart disease, diabetes, and other illnesses.
The prominent use of the word “health”and the homophonic connection between “ade”and “aid” make it plausible that reasonable consumers would construe “Health-Ade” to mean healthy, the ...
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