Plaintiffs scored a partial dunk in their proposed class action accusing R.C. Bigelow, Inc., of improperly hyping the benefits of antioxidants in the company’s black teas.

Judge William Orrick of U.S. District Court for the Northern District of California on July 18 declined to dismiss plaintiff Adam Victor’s claim that Bigelow unlawfully labeled its black tea products as “deliver(ing) healthful antioxidants.” But Orrick did strike two other claims: That the same phrase was fraudulent and misleading.

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