ZimCelebs sued over post suggesting Kambucha drink made in filthy premises
Popular social media bloggers ZimCelebs have been dragged to court by Kambucha Fresh Zim (PVT) LTD for their January 26 posts on Facebook and Instagram depicting the seemingly deplorable and unhealthy process the popular beverage was processed and manufactured.
Kambucha Fresh Zim (PVT) LTD through their legal attorney Rubaya and Chatambudza legal practitioners argued that the posts made by ZimCelebs were defamatory and falsely fabricated that one of the company’s popular beverages Kambucha Lemon Drink was manufactured in very filthy premises using dirty containers where there was no regard to cleanliness and the end user’s health.
In the court papers served to the ZimCelebs online manager by Kambucha Fresh Zim (PVT) LTD’S, the legal team accused them of maliciously associating their clients beverage Kambucha Lemon Drink with nine other Zambian products being manufactured in an unhygienic area.
“For reasons best known to you, you omitted to or intentionally avoided telling your followers and other Facebook platform users that the pictures in question did not relate to the Zimbabwean-made Kambucha producing company, Kambucha Fresh Zim (Pvt) Ltd, our client.
“The first picture of the referenced post depicted our client’s product, Kambucha Lemon Drink which clearly sent out a warning message against our client’s products because they are a result of a process that is done in very filthy premises using dirty containers where there was no regard to cleanliness and the end user’s health.
“The nine (9) pictures which followed the picture of our client’s Kambucha Lemon Drink related to a Zambian product which is unknown to our client since the pictures clearly depict Zambian officials in their uniforms at a site where certain individuals were preparing a drink unknown to our client,” read the parts of the court papers.
Kambucha Fresh Zim (PVT) LTD through its legal team further argued that ZimCelebs deliberately portrayed one of its products as “as dirty and not fit for human consumption because the manufacturing process was below minimum standard” and thus the latter discouraged its “followers and various other social media users not to buy Kambucha” products.
The local beverage manufacturer went on to argue that the “defamatory” post made by ZimCelebs damaged its corporate image portraying them as “unethical” and “economic predators defrauding their clients.
“The statement that you published on your page coupled with the attached pictures is defamatory and was understood by a reasonable viewer, follower or Facebook user to carry one or more of the following meanings:
“That our client acts with impunity in that it does not conduct its business according to the Standards expect of manufacturers of such drinks by the Ministry of Health and Child Care as well as other authorities charged with the duty to make sure that such products are ideal for human consumption.
“That our client is a bad product provider in that it produces Kambucha drinks which are manufactured in a very filthy environment without any regard to cleanliness,” read the court papers.
“That our client is an unethical business entity, an economic predator and a fraud which is taking advantage of the general populace since it does not disclose that its products are probably contaminated and not fit for human consumption on the basis that the manufacturing process is flawed as there is no regard to the health of the end user.
“We advise you that if you had undertaken proper research, you would have discovered that our client is a leading manufacturer and distributor of the Kambucha drink in Zimbabwe with very strong national and international ties, links and partnerships with other businesses.
“We reiterate that our client has a traceable record of clean and well manufactured Kambucha drinks which have been scientifically tested to the extent that no adverse report has been authored by the relevant authorities,” concluded the court papers.
Its not clear if ZimCelebs have responded to the court papers.