Johnson-Jack

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division BRANDON JOHNSON-JACK, et al., Case No. 21-cv-07895-LB

Plaintiffs,

ORDER DENYING MOTION TO

v. DISMISS

HEALTH-ADE LLC, Re: ECF No. 18 Defendant. 16 INTRODUCTION In this consumer-products mislabeling class action, the plaintiffs allege that the defendant’s use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers, violates California law. The plaintiffs’ theory is that the term “Health-Ade” is misleading because it implies that the defendant’s products are healthy when, according to the plaintiffs, they are not because they contain sugar.1 Most courts in this district have found that mislabeling claims based on this theory (i.e., that it is deceptive to market products with added sugar as healthy based on studies linking…