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Dunkin' is under fire for allegedly misleading customers about its popular "Refresher" line of caffeinated beverages, a move that could cost the brand millions. A proposed class-action lawsuit filed in New York federal court on Wednesday accuses Dunkin' of falsely advertising its drinks, which are named after fruits like mango, pineapple, and strawberry, despite not containing any of these fruits.

The Fruit That’s Not There

Cassandra Daly, a New York resident, has filed a lawsuit against Dunkin' Brands Inc., claiming the drinks, such as Mango Pineapple Refresher and Strawberry Dragonfruit Refresher, are made predominantly of green tea, sugar, and water, with no trace of the named fruits. Daly argues that the marketing of these beverages as fruit-flavored was intended to capitalize on the appeal of premium fruit ingredients, which have perceived health benefits that customers are willing to pay extra for.

“These missing fruit ingredients are important to consumers because they are considered premium, while the cheaper, processed flavors used in their place are not,” Daly said. She contended that consumers were misled into thinking they were purchasing healthier, fruit-filled drinks.

Health Benefits Consumers Missed

The lawsuit goes further by highlighting the health benefits consumers might expect from the fruits that are conspicuously absent from the Refreshers. For instance, pineapple is known for its immune-boosting properties, digestive benefits, and anticancer compounds, while mango offers magnesium and potassium. Passionfruit is rich in essential vitamins, fiber, and other nutrients.

In contrast, Daly claims that the added sugar in the drinks is a harmful substitute for the natural sugars found in the fruits, which can contribute to serious health issues such as diabetes, heart disease, and cancer.

Legal Allegations and Consumer Deception

Daly is seeking to represent a class of consumers who purchased the Refreshers within a certain time frame, as well as a specific subclass of New York residents who bought the beverages for personal use. The lawsuit also targets Inspire Brands Inc., the parent company of Dunkin', which acquired the brand in December 2020.

The complaint accuses Dunkin' and Inspire Brands of violating New York state law, as well as common law fraud and unjust enrichment. Daly argues that the fruit-based names were central to the product’s identity, with the misleading ingredients damaging both the company's reputation and consumers' wallets.

Dunkin' Doesn't Measure Up

Daly also pointed out Dunkin’s consistency in using real ingredients in other drinks. For example, its Strawberry Coolatta contains real strawberry puree concentrate, and its hot chocolate uses actual cocoa. This inconsistency between the Refreshers and other Dunkin' beverages only reinforces Daly’s argument that the company knowingly deceived consumers by misrepresenting the drinks.

“Consumers expect Dunkin’s products to live up to their name,” Daly asserted. “This is not what they get with the Refreshers.”

The Alleged Financial Impact

The lawsuit claims that consumers, including Daly, paid more for these drinks under the false impression that they contained premium fruit ingredients. Daly and others in the proposed class would not have purchased the Refreshers had they known the truth behind the ingredients, she argues.

Legal representatives for Daly did not respond to requests for comment, and Dunkin' has yet to release a statement regarding the lawsuit.