A federal judge has dismissed a lawsuit brought by two women who accused Polar Beverages of misleading customers by advertising its flavored seltzer water as “100% natural.” The plaintiffs, Stacy Gradney of California and Sharon Toll of New York, filed the case in March 2025, alleging that lab tests of several Polar Seltzer products revealed the presence of synthetic carbon, ocimene quintoxide (which they said was a known synthetic), and other artificial flavoring agents. However, U.S. District Judge Edward M. Chen ruled that the complaint lacked sufficient details, including which specific flavors were tested, whether those tested flavors matched what the plaintiffs purchased, and whether the tested samples were representative of all Polar products. Chen noted that while the plaintiffs did identify one synthetic substance, this single finding did not meet federal pleading standards, particularly since Polar’s ingredient list only includes carbonated water and “natural flavors.”
In his decision, Chen agreed with Polar’s argument that even if trace amounts of synthetics were present, that would not be enough to mislead a reasonable consumer into believing the drinks were not natural. While the lawsuit was dismissed, Chen allowed the plaintiffs an opportunity to file an amended complaint with more specific allegations about the flavors tested and their connection to the purchases. However, he barred them from pursuing a nationwide class action, pointing out that the case lacked a legal basis for applying California law outside the state, especially since Polar is headquartered in Massachusetts. Chen also dismissed the New York-based claims for breach of warranty due to insufficient detail, although he acknowledged they were properly brought under state law. As of now, neither side has commented on the ruling.