Kevita Kombucha False Advertising Lawsuit Says Probiotics Aren’t Live

Bradley/Grombacher, LLP • November 16, 2017

A false advertising lawsuit has been filed against KeVita Inc. and its parent company, PepsiCo, over claims that their kombucha beverages contain live probiotics, even though the drinks are reportedly pasteurized. 


The KeVita Kombucha lawsuit alleges that the pasteurization process kills the very probiotics the company promotes as a key health benefit, misleading consumers into believing they are purchasing a live, fermented kombucha.


The case highlights growing concerns over the marketing of probiotic and fermented beverages and raises important questions about transparency, labeling, and consumer trust.


The KeVita Kombucha Lawsuit: What’s at Stake?


The KeVita Kombucha false advertising lawsuit was filed by California resident Emma Brenner, who claims that she and her family bought several bottles of KeVita kombucha under the impression it contained live probiotic cultures. 


According to the complaint, the company misled consumers by continuing to market the drink as probiotic-rich—even after it began pasteurizing its products in 2011.



Pasteurization involves heating the beverage to kill potentially harmful bacteria, but it also destroys the live probiotic cultures that kombucha is known for. The lawsuit argues that selling pasteurized kombucha with probiotic claims is misleading and deceptive.


Brenner alleges that KeVita and PepsiCo placed their drinks in refrigerated sections next to unpasteurized kombucha brands, further reinforcing the impression that the product contains live cultures. She also calls out the use of terms like “handcrafted,” which may imply small-batch authenticity that no longer reflects KeVita’s current production process.


The lawsuit seeks to represent a nationwide class of consumers who purchased KeVita kombucha after October 4, 2013. The plaintiff is asking for compensation, a stop to the alleged misleading marketing, and the return of profits gained through these claims.


False Advertising and Its Impact on Consumers


False advertising doesn’t just hurt consumers financially, but it also erodes trust. When health-conscious buyers choose products like kombucha, they often do so for specific wellness benefits. Marketing a product as containing live probiotics when it no longer does so misleads consumers into spending money on something that may not deliver the promised health results.


The KeVita Kombucha lawsuit also puts broader concerns in the beverage industry under the microscope. Legal definitions for kombucha remain vague, especially when it comes to probiotic content and processing methods. While agencies like the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulate the alcohol levels in kombucha, there is little regulation around pasteurization or probiotic standards.


Industry insiders have expressed concern about how brands market pasteurized or artificially enhanced beverages under the kombucha label. Jeff Weaber, founder of Aqua ViTea, commented on the lawsuit, saying that misleading products undermine legitimate brewers and confuse consumers.

These lawsuits signal that consumers are paying closer attention—and that companies will be held accountable if their labels or marketing are deceptive.


Want to learn more? Read about our experience with false advertising lawsuits and how we help protect consumer rights.


What Does The KeVita Kombucha Lawsuit Mean for You?


If you purchased KeVita kombucha thinking it contained live probiotics, you may be eligible to join the class action lawsuit. Class actions allow groups of consumers with similar claims to come together and hold companies accountable on a larger scale.


In this case, anyone in the U.S. who bought KeVita kombucha after October 4, 2013, could potentially qualify as a class member. You may be entitled to compensation for your purchase or other remedies, depending on the outcome of the case.


Participating in a class action doesn't require you to file an individual lawsuit. Once a class is certified, eligible consumers are notified and can decide whether to remain part of the class or opt out.


How Bradley Grombacher LLP Can Help


Bradley Grombacher LLP has extensive experience in handling false advertising, consumer protection, and class action lawsuits. We work to ensure that companies are transparent in their marketing and that consumers get what they’re promised.


In the KeVita Kombucha lawsuit, our legal team is fighting to protect consumers who were misled by claims of live probiotics in a pasteurized product. We aim to stop deceptive practices and recover financial damages for those affected.


If you've purchased KeVita kombucha and feel you were misled, we encourage you to get in touch. Our team can evaluate your case and determine if you may qualify to join this or another class action.


Explore our Class Action Lawsuits and Consumer Protection practice areas for more details.


Consumer Transparency Matters


The KeVita Kombucha lawsuit is just one example of how we’re always fighting to uphold honesty in marketing and protect the rights of consumers who rely on product labels to make informed decisions. As awareness around health claims grows, so does the importance of holding companies accountable for their misleading information.


If you believe you’ve been misled by KeVita Kombucha or any other product, contact Bradley Grombacher LLP today to explore your legal options. 


Join the class action lawsuit and fight back against false advertising.



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