A class action accuses Beliv US, the makers of the OCA energy drink line, of selling beverages made with citric acid, when the cans allegedly claim there are no preservatives.
"Citric acid is a chemical that retards the deterioration of food products," says the suit, filed in Cook County Circuit Court. "Therefore, it is a chemical preservative."
The lawsuit calls the labeling "false and misleading" about the contents of the products.
"Plaintiff, like average reasonable consumers, does not understand food chemistry well enough to know if ingredients tend to prevent or retard deterioration of food by merely reviewing a product label," it says. "As a result of Defendant’s fraudulent labeling, Plaintiff and the Class have been misled into purchasing Products that did not provide them with the benefit of the bargain they paid money for, namely that the Products would not contain preservatives."
Customers paid a price for paid for a premium products, "but instead received non-premium products," the lawsuit claims.
The company knew its products contained a preservative but chose to label them as no preservative because "it did not believe its customers were well educated enough to know the difference," the suit said.
The plaintiffs seeks unspecified money damages, plus attorney fees and court costs.
The lawsuit was filed on behalf of named plaintiff John Daly, identified as a resident of Chicago who purchased OCA energy drinks beginning in June 2023.
The class action was filed by attorneys Todd Friedman and Steven G. Perry, of Todd Friedman PC, of suburban Northbrook and Woodland Hills, California.