Polar Beverages Co. and New York consumer Kimberly McNulty have settled and stipulated to the dismissal of her individual claims alleging it misleadingly markets “100% natural” flavored seltzer, according to filings in a federal court in New York.
McNulty filed a proposed class lawsuit alleging radiocarbon testing revealed that extracts of the products contained between 58% and 96% non-bio-based carbon content, meaning they contain artificial compounds.
The U.S. District Court for the Southern District of New York said in September that McNulty pleaded viable consumer deception claims, but it rebuffed her bid to seek a declaration that the products aren’t ...
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