A California resident has filed a class action lawsuit against ZOA Energy, claiming that the company falsely advertises its energy drinks as containing "zero preservatives" despite the products containing citric acid, which the lawsuit says is recognized as a food preservative by the FDA.
Plaintiff Mikhail Gershzon filed the class action lawsuit against ZOA Energy LLC in San Francisco federal court, citing allegations of breach of express warranty and violations of the Unfair Competition Law and the Consumers Legal Remedies Act.
According to court documents, the defendant produces and markets energy drinks that are labeled and advertised as containing "zero preservatives." Gershzon claims that he purchased the defendant's energy drinks in June 2023 because he believed that the defendants' labeling was accurate and that the products were free of preservatives. Gershzon states that despite the defendant's claims, a look at the products' ingredient list shows that they contain citric acid, which is recognized as a preservative by the Food and Drug Administration.
Gershzon states that had he known the products contained citric acid he would not have purchased the products at all or paid a lower price. The lawsuit accuses ZOA Energy of deceptively and fraudulently misrepresenting the products in violation of the Unfair Competition Law and the Consumers Legal Remedies Act.
Gershzon requests certification of the class action and demands a jury trial to seek restitution, compensatory and punitive damages, injunctive relief, attorneys' fees, interest, court costs and any other relief the court deems proper. He is represented in this case by attorneys Michael D. Braun from Kuzyk Law LLP, in Los Angeles and Peter N. Wasylyk from the Law Offices of Peter N. Wasylyk, in Providence, Rhode Island.
U.S. District Court for the Northern District of California case number 3:23-cv-05444