A new class action lawsuit accuses Bloom Nu of falsely advertising its sparkling energy drinks as containing “no artificial colors, flavors or aspartame” when they actually contain citric acid, a known artificial ingredient.
Plaintiff Bianca Marinelli says in her class action lawsuit that Bloom sparkling energy drinks are marketed to appeal to health-conscious consumers who want to avoid artificial flavors.
“[Bloom’s] ‘no artificial colors, flavors or aspartame’ representations are featured on the products’ labeling in order to induce health-conscious consumers to purchase drinks that are free from artificial flavors,” the Bloom class action lawsuit argues.
The complaint goes on to allege that Bloom markets its products in a systematically misleading manner by misrepresenting that the products do not contain artificial flavors.
Marinelli’s class action lawsuit asserts claims for violations of New York General Business Law, breach of express warranty and unjust enrichment. She seeks to represent a class of consumers who purchased Bloom sparkling energy drinks within the applicable statute of limitations period.
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