“No preservatives” labelling can imply a food is free of ingredients that can retard spoilage, even if the challenged ingredients don’t act as preservatives in the product at issue, a New York federal court said, advancing claims over Beliv LLC’s Nectar Petit beverages.
Kevin Kelly brought a proposed class action alleging the Nectar Petit labels are deceptive because the drinks contain citric acid and ascorbic acid—ingredients that can be preservatives.
Beliv said the beverage labels identify the ingredients by their functions in its drinks, listing citric acid as an acidulant, a substance that imparts tartness, and identifying ascorbic acid as ...
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