Judge Rules in Favor of Celsius Holdings in Claims Lawsuit

WEST PALM BEACH, Fla.A California court judge ruled in favor of Celsius Holdings, a Boca Raton-based maker of functional beverages, in a class-action lawsuit. The judge dismissed the lawsuit that involved three claims brought under California Legal Remedies Act and the state's business and professions code for false and misleading advertising.

The plaintiff claimed on behalf of himself and others that when he drank Celsius he did not burn up to 100 calories or more per serving, as advertised. Arnstein & Lehr partner Joel Rothman, co-chair of Arnstein & Lehrs new Food, Beverage and Nutrition Practice Group, argued that the plaintiff lacked necessary evidence to show that he did not burn calories or lose weight as a result of drinking Celsius. Judge Terry A. Green agreed and granted Rothmans motion for summary judgment.

We shut down the plaintiffs class action litigation by showing that the plaintiff did not have standing to pursue a case against Celsius," Rothman said. Its a big win in a state thats known as a haven for class-action lawsuits."

Rothman was assisted by Arnstein & Lehr associate Harley Storrings, and Los Angeles counsel George Newhouse and Sydney Mehringer of Brown, White & Newhouse.

Rothman previously defended Celsius before the National Advertising Division (NAD) of the Better Business Bureau, a voluntary self-regulatory organization that reviews claims in national advertising.  NAD made an inquiry about the claims for Celsius that the beverage helped burn calories, and the result was positive for the product and the company.