A class action lawsuit has been filed against Bear's Fruit, LLC, alleging that the company misled consumers by marketing its kombucha beverages as non-alcoholic while they allegedly contain alcohol levels above legal limits. Plaintiff Ian Locke filed the complaint on October 29, 2024, in the United States District Court for the Eastern District of New York.
The lawsuit claims that Bear's Fruit Kombucha contains between 0.96% and 1.43% alcohol by volume (abv), exceeding the federal and state threshold of 0.5% abv for non-alcoholic beverages. Locke, who purchased several flavors of Bear's Fruit Kombucha believing them to be non-alcoholic, argues that the labeling and advertising—featuring phrases like "just fruit & herbs no weird stuff" and health claims such as "supports digestion + immunity"—misleads consumers.
The complaint asserts that Bear's Fruit Kombucha should include the Surgeon General’s warning required for alcoholic beverages and should not be available to individuals under 21 years old. Laboratory tests cited in the complaint reportedly showed that every flavor of Bear's Fruit Kombucha exceeded the legal alcohol limit for non-alcoholic beverages, despite labels stating they contained less than 0.5% abv.
Locke accuses Bear's Fruit, LLC of violating New York’s Deceptive and Unfair Trade Practices Act, breaching express and implied warranties, and engaging in fraud and unjust enrichment. He seeks compensatory damages for himself and other consumers nationwide who purchased the product under alleged false pretenses.
The plaintiff is represented by attorneys Stacey Van Malden from Goldberger & Dubin PC in New York, Yeremey O. Krivoshey from Smith Krivoshey PC in San Francisco, and Joel D. Smith from Smith Krivoshey PC in Boston. The case has been assigned Case ID 1:24-cv-07564-NCM-CLP.