Last November, the Center for Science in the Public Interest (CSPI) filed this class-action complaint claiming that the maker of 7-UP was violating California consumer protection laws by adding vitamin E to its product and implying that the product was healthy because it contained antioxidants. The complaint quoted this claim from 7-UP's website: “There’s never been a
more delicious way to cherry pick your antioxidant! With all-natural
cherry flavors, 7UP Cherry Antioxidant is the perfect pick me up.” The complaint reproduced this 7-UP label:
These claims and the 7-UP label advertising the presence of antioxidants are kaput. As explained in this LA Times article by Adolfo Flores, the parties have now entered this settlement, which provides that, for four years, 7-UP products may not contain any added vitamins or minerals and the defendant may not claim that the products contain antioxidants. Bottlers and retailers may continue to sell inventories of 7-UP with the old labels, however.
The named plaintiff will receive $5,000, and the defendant will pay the plaintiffs' lawyers $237,500 in attorneys' fees.
It appears that the settlement is between only the named plaintiff and the defendant and does not bind the putative class members or contemplate court approval.
See CSPI's press release for more information.
