Vitaminwater Deceptive Marketing Class Action Settlement

A class action settlement has been reached in the Vitaminwater deceptive marketing class action lawsuit and resolves the claims brought against the product’s manufacturer, Coca-Cola Co. Coca-Cola and its partner Energy Brand deny the allegations, but have agreed to the Vitaminwater class action settlement in order to avoid further legal expense and the uncertainty of ongoing litigation.

During the 2010 year, a slew of Vitaminwater deceptive marketing class action lawsuits were filed by a number of U.S. consumers alleging the Coke product is labeled and marketed as a healthy drink containing nutrients and fails to adequately inform consumers of the amount of sugar in Vitaminwater.

According to the Vitaminwater class action lawsuit, the plaintiffs claim that Coca-Cola and its partner Energy Brand overstated the nutritional content of the Vitaminwater product, with marketing and label statements such as: “vitamins + water = what’s in your hand,” “this combination of zinc and fortifying vitamins can … keep you healthy as a horse,” and “vitamins + water = all you need.” The plaintiffs further allege that the companies mislead consumers into believing they were purchasing a healthy product, when in fact, Vitaminwater allegedly contains almost as much sugar as brand name Coke.

The presiding Ohio judge granted preliminary approval to this Vitaminwater class action settlement in late September. While this deceptive marketing class action settlement does not provide Class Members with monetary relief, it will ensure that the misleading phrases on the Vitaminwater labels and marketing will be removed and that the Coco-Cola and Energy Brand products will state the amount of calories per Vitaminwater bottle.

Who’s Eligible

According to the Vitaminwater class action settlement website,  Class Members of the Vitaminwater deceptive marketing class action settlement include:

“All residents of the States of Florida, Ohio, Illinois, and Missouri, and the U.S. Virgin Islands who purchased the Product in those jurisdictions from January 1, 2003 up to and including September 25, 2014, except Defendants’ officers, directors, employees, and agents.”

Potential Benefits

The Vitaminwater settlement does not provide Class Members with monetary relief. However, this class action settlement will provide injunctive relief, which will prevent Coca Cola and Energy Brand from making misleading product statements on the labels, packaging, and marketing of Vitaminwater.

Specifically, the companies “will state the amount of calories per bottle of the Product on the front label of the Product; will place in bold type the reference ‘see nutrition facts for more detail’ on the front label of the Product; and will refrain from making certain statements on the Product’s labeling and marketing regarding the Product and the effect of the Product on the structure and function of the body.” This injunctive relief will provide equal benefits to all Class Members.

Proof of Purchase

N/A

Case Name

Volz v. The Coca-Cola Company, Case No. 1:10-cv-00879-MRB-SKB, in the U.S. District Court for the Southern District of Ohio.

Final Hearing

12/02/2014

Settlement Website

www.VitaminwaterDeceptiveMarketingSettlement.com

Claims Administrator

Vitaminwater Claims Administrator
Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
(215) 563-4116

info@angeiongroup.com

Class Counsel

STRAUSS TROY CO. LPA
STATMAN, HARRIS & EYRICH, LLC

Defense Counsel

QUINN EMANUEL URQUHART & SULLIVAN, LLP