Antitrust Law Daily Wrap Up, ADVERTISING—E.D. Wash.: VitaRain water labeling not deceptive, (Nov 5, 2013)
Law Firms Mentioned:Ewusiak & Roberts PA | Floyd & Pflueger PS | Perkins Coie
Organizations Mentioned:Costco Wholesale Corp. NEW | Costco Wholesale Corporation | Niagara Bottling, LLC | Perkins Coie, LLP
By Jody Coultas, J.D.
A beverage purchaser failed to state a Washington Consumer Protection Act (CPA) claim against Costo Wholesale Corporation or the beverage manufacturer, the federal district court in Spokane has held (Maple v. Costo Wholesale Corporation, November 1, 2013, Peterson, R.). The purchaser’s request for leave to amend was denied.
The purchaser alleged that Niagara Bottling, LLC’s VitaRain Tropical Mango Vitamin Enhanced Water Beverage’s label lacked a disclosure that the beverage contained caffeine, failed to disclose the amount of caffeine contained in the beverage, and falsely claimed that the beverage was a “natural tonic” and contained “natural caffeine.”
The purchaser’s claim that the name “VitaRain” was deceptive and violated the CPA was dismissed by the court. VitaRain allegedly conveyed that the beverage was nutritional, healthy, and full of only vitamins. It was implausible that the name VitaRain had the capacity to deceive a substantial portion of the public about the ingredients and health benefits of the beverage. Just as a consumer could not literally believe that a beverage was not only pure rainwater, a consumer could not believe a beverage contained only vitamins. There was also no proof that the beverage was actually unhealthy.
There was no causation between the purchaser’s alleged injuries and allegedly deceptive labeling, according to the court. The purchaser failed to allege that he actually read the label or purchased the beverage based on the alleged deceptive statements. Because the “natural caffeine” and “natural tonic” statements did not cause the purchaser to buy the beverage, there was no causation.
The case is No. CV-12-5166-RMP.
Attorneys: Christopher J. Roberts (Ewusiak & Roberts PA) for Harold Maple. Kathleen M. O’Sullivan (Perkins Coie) for Costco Wholesale Corp. Francis S. Floyd (Floyd & Pflueger PS) for Niagara Bottling LLC.
Companies: Costco Wholesale Corporation; Niagara Bottling, LLC
Cases: Advertising StateUnfairTradePractices WashingtonNews