Flying Embers: False and Misleading Advertising

Food and Beverage Labeling

The Allegations:

Defendant's "Flying Embers" hard seltzer brand predominately display on the front label of the product that the carbonated alcoholic beverages are made with "ANTIOXIDANT VIT C + LIVE PROBIOTICS" and "BREWED WITH SUPERFRUITS." The Flying Embers beverages come in a variety of unique flavors, however, the hard seltzer labels are misleading regarding their fortification and nutrient claims as well as their violation of the governmental warning regarding the harmful effects of consuming alcohol.

Our Goals:

Our lawsuit seeks refunds for all purchasers of Flying Embers hard seltzer products as listed in the Complaint. It also seeks an injunction preventing further false advertising.

Status:

The case was filed on July 1, 2022.

Who is Covered:

49-State Class: All persons in each state except Illinois who purchased the Products between July 1, 2018 and the present.

California Subclass: All persons in the state of California who purchased the Products between July 1, 2018 and the present.

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Key Documents

DateTitle
2022-07-01Class Action Complaint