The KeVita kombucha lawsuit was a California class action alleging that KeVita, Inc. and its parent PepsiCo deceptively marketed the Master Brew Kombucha line as a live-probiotic beverage when the products were actually pasteurized, a process that kills the live cultures consumers thought they were buying. Filed in October 2017 as Brenner et al v. KeVita Inc. and Pepsico Inc. in Ventura Superior Court, the case settled nationwide, with purchasers eligible for refunds of up to $60 if they filed a claim by January 14, 2021.1BevNET. KeVita Targeted in Class Action Suit Over Authenticity2PR Newswire. If You Bought a KeVita Master Brew Kombucha Product Any Time Prior to September 16, 2020, You May Be Entitled to Receive Money From a Class Action Settlement
What the Lawsuit Alleged
Lead plaintiff Emma Brenner sued on October 4, 2017, in Ventura Superior Court (case number 56-2017-00502340). The complaint’s central claim was that KeVita marketed Master Brew Kombucha as rich in probiotics and touted digestive-health benefits while pasteurizing the beverages, which destroys the live cultures those marketing claims depend on. According to the complaint, KeVita had sold Master Brew as raw and unpasteurized until roughly 2011, then began pasteurizing the products and adding shelf-stable probiotics back in afterward.3Top Class Actions. Kombucha Lawsuit Claims Misleading Product Information4Truth in Advertising. KeVita Kombucha Beverages
Three specific practices drew the plaintiffs’ complaints:
- Labeling and imagery that suggested a “handcrafted,” traditionally brewed product. Plaintiffs argued the drink was closer to kombucha-flavored tea.
- Added shelf-stable probiotics that, while disclosed, allegedly gave consumers the impression the cultures came from natural fermentation.
- Refrigerated placement in stores alongside genuinely raw, unpasteurized brands, which the complaint said reinforced the false impression of a live-culture product.
The proposed class covered consumers nationwide who bought KeVita Master Brew products after October 4, 2013. The suit sought to stop the challenged marketing, compensate consumers, and recover profits tied to the claims. PepsiCo declined to comment when the case was filed.3Top Class Actions. Kombucha Lawsuit Claims Misleading Product Information1BevNET. KeVita Targeted in Class Action Suit Over Authenticity
Who Could File a Claim and How Much They Got
The Superior Court of California for the County of Ventura approved a class settlement covering anyone in the United States or U.S. territories who bought a KeVita Master Brew Kombucha product at any time before September 16, 2020. Payouts were tied to proof of purchase.2PR Newswire. If You Bought a KeVita Master Brew Kombucha Product Any Time Prior to September 16, 2020, You May Be Entitled to Receive Money From a Class Action Settlement
- With proof of purchase: up to $60, at $0.30 per product for up to 200 products.
- Without proof of purchase: up to $9, at $0.30 per product for up to 30 products.
Claims went through MasterBrewSettlement.com or by requesting a form by phone, and the filing deadline was January 14, 2021. That deadline has passed; new claims cannot be submitted. The settlement also authorized up to $835,000 in attorneys’ fees and expenses for class counsel and up to $150,000 in incentive awards divided among the 19 named plaintiffs. The publicly available notice did not disclose the total size of the settlement fund.2PR Newswire. If You Bought a KeVita Master Brew Kombucha Product Any Time Prior to September 16, 2020, You May Be Entitled to Receive Money From a Class Action Settlement
A Separate KeVita Case Over Lead and Mercury
People searching for the KeVita lawsuit sometimes surface a second, unrelated matter. In March 2023, the Environmental Research Center filed two notices of violation alleging that several KeVita products contained lead or mercury without the consumer warnings California’s Proposition 65 requires for chemicals listed as carcinogens or reproductive toxins. Seven products were named across the two notices, including Bold + Smooth Kombucha Master Brew Tart Cherry, Master Brew Kombucha Blueberry Basil, and several Probiotic Refresher and Apple Cider Vinegar Tonic varieties.5Environmental Research Center. KeVita, Inc.
A formal civil complaint followed in November 2023 in the Superior Court of California, County of Alameda (Case No. 23CV054344). The parties settled in February 2024, and a final judgment on August 23, 2024, required KeVita to pay $150,000 covering all civil penalties, attorneys’ fees, and costs. Going forward, KeVita cannot manufacture, distribute, or sell the covered products in California if they expose a consumer to more than 0.5 micrograms of lead per day or 0.3 micrograms of mercury per day without a compliant Proposition 65 warning. KeVita denied the allegations, including that its products exposed consumers to harmful chemical levels or that warnings were legally required, and the settlement carried no admission of liability.6California Office of the Attorney General. ERC v. KeVita Inc. Proposition 65 Settlement
Why So Many Kombucha Brands Were Sued
The KeVita case came during a broader wave of kombucha litigation. There is no FDA standard of identity for kombucha, so labeling practices are largely self-regulated, which opened the door to consumer suits across the category. GT’s Kombucha and Whole Foods reached an $8.25 million settlement over false labeling of antioxidant content, alcohol, and sugar, and Health-Ade settled a similar suit for $4 million. In July 2020, Kombucha Brewers International released the industry’s first voluntary code of practice, which distinguishes traditional raw kombucha from “Processed Kombucha” that has been pasteurized, de-alcoholized, filtered, or sterilized, and asks manufacturers to label those products accordingly. The standards remain voluntary.7BevNET. Judge Approves $8.25 Million Settlement in GT’s Kombucha, Whole Foods Suit8Food Dive. Trade Group Releases First Code of Practice for Kombucha