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Arizona Rx teas challenged

This article was originally published in The Tan Sheet

Executive Summary

Use of the "Rx" symbol, variation of red cross symbol and repeated use of the phrase "herbal tonic" in labeling of five Arizona iced teas constitutes "fraud, false advertising and deceptive trade practice" by Ferolito Vultaggio & Sons and Hornell Brewing Co., according to three recent class action lawsuits filed in New York, Illinois and California. Filed by Houston-based Watts Law Firm, lawsuits allege labeling of teas such as Rx Memory, Rx Stress and Rx Health "make overt and unambiguous health claims, namely that consumption will improve the consumer's memory, reduce his or her stress [or] improve his or her overall health." Claims are based on beverages' inclusion of herbal extracts such as ginseng, ginkgo and echinacea, complaint says, adding the "amount of herbal extracts contained in the drinks is too small to have any effect." Lawsuits seek injunction prohibiting claims, restitution of funds to consumers...
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