/>i- A New York federal judge has dismissed a lawsuit (Law360 subscription required) claiming that Dunkin’ falsely advertised its “Refresher” beverages as containing real fruit. According to the judge, menu labels such as “mango pineapple” describe flavors, not ingredients.
- The lawsuit, filed in December 2024, alleged that Dunkin’s menu represented that the company’s seven fruit-flavored beverages contained the represented fruits, arguing that “the presence of fruit in the Products is central to [their] identity.” However, the plaintiff contended that the products do not in fact contain any juice from the named fruits, but instead are formulated to “mimic the flavor of the represented fruits with ‘Flavor Concentrates’ made predominantly from water and sugar.”
- According to the judge, the plaintiff failed to plausibly allege a claim because the “menu board contains no language to suggest the Products are ‘made with’ the actual fruits for which they are named.” Instead, the menu board lists only the available flavors, the option to add green tea or coconut milk to the products, and a photo of the beverage with no indication that the products are made with or otherwise contain real fruits.
- Similarly, the judge dismissed claims for breach of warranty because the plaintiff “failed to plausibly allege that the defendants misrepresented the products.” Rather, according to the judge, the plaintiff relied on “the bare conclusion” that the products contain real fruit based solely on their names on the menu board.
Dunkin’ Refreshers Suit Dismissed; Labels Describe Flavor, Not Ingredients
Tuesday, February 10, 2026
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