R.C. Bigelow Inc., popularly known as the Bigelow Tea Company, has asked a California federal court for a quick win against a customer who claims its labels misled him about the amount of antioxidants in its teas.
Bigelow maintains that the customer”™s suit is meritless due to lack of evidence that its packaging is false.
Plaintiff Adam Victor “did not suffer any injury as a result of purchasing Bigelow’s black teas, and Bigelow has already removed the alleged mislabeling from all the accused products during its last rebranding campaign,” the Fairfield-based company said in its motion. “There is no injury that can be prevented.”
Bigelow added that its experts had shown its black tea is a natural source of flavonoids, which are healthful antioxidants, while Victor has provided no evidence to the contrary.
In September, Victor and another plaintiff, Alex Khasin, filed separate class-action cases against the tea maker, claiming customers paid a premium for Bigelow”™s teas when its products didn”™t contain the high levels of antioxidants indicated on Bigelow’s labels. Both of those class-action bids were rejected in March.
