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Twinings Fails to Narrow Scope of Antioxidant Tea Labeling Suit
Lead plaintiff Nancy Lanovaz filed a class action lawsuit against Twinings North America Inc. for falsely promoting the antioxidant properties of the company’s tea blends. Twinings moved to limit Ms. Lanovaz’s claim to blends of teas that she actually purchased, but California federal judge Ronald M. Whyte ruled that plaintiffs may bring claims for 51 types of tea blends against Twinings including blends they did not actually buy as long as they are made from the same plant.
“Because the claims for 51 of the varieties of tea are based upon the exact same label describing the same product, camellia sinensis, the court finds that Lanovaz has standing to sue on behalf of the purchasers of these teas and thus denies Twinings’ motion with respect to these products,” Judge Whyte said. “Red tea, on the other hand, is made from a different plant and is thus a significantly different product.”
Ms. Lanovaz sued on behalf of all California consumers who purchased Twinings tea products in the four years prior to the filing of the complaint, alleging violations of the California Legal Remedies Act, the Song-Beverly Act, the Magnuson-Moss Act and several violations of California business code relating to misleading advertising.
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