Brewery’s electrolyte hard seltzer labels are ‘misleading and dangerous,’ lawsuit says

A Denver man and Illinois woman have partnered in filing a federal class-action lawsuit against a Colorado brewery over its Spiked Snowmelt Craft Hard Seltzers Electrolyte Series.

Together, they represent a class of people who argue that Upslope Brewing Company’s labeling and advertising of the hard seltzer series is “misleading and dangerous to consumers.”

“Intending to profit from consumers’ increasing desire to consume healthy food and drink, Defendant fortified its alcoholic beverage with electrolytes, including nutrients calcium, magnesium, and potassium,” Gutride Safier attorneys said in the lawsuit filed July 1. “Of course, adding an insignificant amount of nutrients to an alcoholic beverage will do little to overcome the harmful effects of alcohol.”

Upslope Brewing officials in Boulder did not immediately respond to a request for comment from McClatchy News on July 14.

In Megan Taylor’s case, she bought a Spiked Snowmelt Craft Hard Seltzer Electrolyte + Series Variety Pack in Minnesota around July 2021, according to the lawsuit. She thought the drinks would hydrate her and provide other benefits from the electrolytes.

Similarly, Spencer Heintz bought a variety pack in Colorado around March 2022. He also thought the drinks would provide health benefits based on the nutrient content claim, according to the class-action complaint.

Neither Taylor nor Heintz realized the drinks “were unlawfully fortified and mislabeled, and would not provide the claimed nutritional benefits,” according to the lawsuit. If they realized the labeling was “misleading,” they say they neither would have purchased the drinks or paid as much as they did for them.

Upslope Brewing describes the Electrolyte Series as a “custom Sport Hydration Drink Mix blend” that provides electrolytes and ascorbic acid. All Spiked Snow Melt drinks provide “the perfect companion for health conscious drinkers living the active outdoor lifestyle,” according to its website.

The federal lawsuit alleges these carbonated, alcoholic beverages are “misbranded” — a violation of Food and Drug Administration regulations.

The FDA’s fortification policy — which “establishes a uniform set of principles to serve as a model for the rational addition of essential nutrients to foods” — does not consider adding vitamins and minerals to alcoholic beverages an “appropriate” action.

Attorneys argue that any nutrients included in the drink would not be properly absorbed as the alcohol would interfere with the absorption process and dehydrate the consumer.

“The insignificant amount of electrolytes, including nutrients calcium, magnesium, and potassium, in the Products will not provide consumers with the health benefits that (the brewery’s) representations lead them to expect, and even worse, the Product is actually dangerous to consumers’ health,” the legal team wrote.

The plaintiffs are seeking a court order that would permanently prohibit the brand from “unlawful, deceptive, fraudulent, and unfair business practices” and compensatory damages to be determined at a jury trial.

The plaintiffs will need to prove the U.S. District of Colorado has jurisdiction over this case by July 21 or the lawsuit may be dismissed.

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