The California-based Whole Foods grocery store chain and the producers of GT’s Kombucha drink are trying to get a proposed nationwide class action lawsuit tossed out of court.

The lawsuit is alleging that the Kombucha drinks, which are tea-based, can either leak or actually explode when they are opened as the result of carbon dioxide buildup.  Whole Foods and Millennium Products, the producer of the GT’s fermented tea beverages, are trying to get the proposed lawsuit tossed because they say the plaintiffs failed to plead their claims.

The Kombucha tea product, which is marketed as an ancient tea recipe with a modern twist, is a sweetened, carbonated sweetened black tea drink that has proposed health benefits, although those benefits are mostly unsubstantiated.

Millennium Products is contending that the lack of detail in the lawsuit makes it impossible to determine which actual products were purchased and, therefore, need to be defended in the lawsuit.  Millennium is saying that there is no specification in the suit as the specific product, flavor or date when they were purchased, nor any indication of how the purchaser was injured.

Millennium said, in their motion, that the plaintiffs “do not provide a single, coherent explanation as to how they believe they were injured by Kombucha and what remedies plaintiffs believe they are entitled to, including whether this action is a personal injury action or a food labeling action.”

The plaintiffs, in their complaint, have cited examples from consumers, including one who stated that they could not get the bottle open with a wrench and another who said the drink “shot across the kitchen hitting the far wall” when it was opened.

The case, which has gained national attention – especially coming on the heels of the Whole Foods Anti-Gay hoax controversy in April – has sparked controversy of its own with regard to the substantiation of injuries as a result of the alleged defective products.

If you or someone you know is injured as the result of a product defect or the negligence of another person or a company, seek medical help first.  Then contact the experienced personal injury attorneys at Alpert Schreyer for a free case evaluation where we will review your case and can start you on the path to getting the rightful compensation you deserve.