Coca-Cola Fights to Have ‘No Artificial Flavors’ Class Action Thrown Out

Coca-Cola is urging a federal court to decertify a class action lawsuit filed by consumers who say Coke’s “no artificial flavors” labels mislead the public.

The soda-giant went before a three-judge appellate panel for the Ninth District Friday to argue that Coke drinkers who claim the soda maker falsely labels its drinks as having no artificial flavors when it contains phosphoric acid “lack standing” to make it change its labels.

During the hearing on Friday, Coca-Cola’s lawyer, Steven A. Zalesin of Patterson Belknap Webb & Tyler LLP, argued the consumers aren’t at risk of being deceived, Law360 reported.

Zalesin said Coca-Cola’s ingredients have been the same for decades. “This is Coke that has been around for 135 years, and it has always had phosphoric acid in it. They can’t possibly be deceived or injured again in the future.” 

However, precedent makes it clear consumers have standing to bring false labeling claims, even if they might now have the information to not be duped by the misleading label again, lawyer for the Class Joshua D. Glatter of Fleischman Bonner & Rocco LLP argued.

Glatter said that the correct label would influence factors like how often the Coke-drinkers buy the drink and how much of it they buy, according to Law360.

“What they are deprived of as we sit here today is adequate information so they can make those decisions and whether their purchasing habits need to change,” he said. 

According to the plaintiffs, Coca-Cola shows phosphoric acid as one of the ingredients on the labels of Coke products. The consumers allege that Coca-Cola omitted that the ingredient is used as an artificial flavor and chemical preservative, and arranged a misleading marketing campaign where they claimed the product did not contain artificial flavors or preservatives.

Allegedly, consumers argue that the phrase “No artificial flavors. No preservatives added. Since 1886” is an affirmative misrepresentation because phosphoric acid is a preservative as well as an artificial flavor.

During the hearing, U.S. Circuit Judge Marsha S. Berzon noted the consumers now knew what was in the product and were not contending that the ingredient itself was unacceptable.

“They’re saying it’d only be acceptable if they had the right label …They would buy if it was properly labeled. They don’t seem to be caring about what’s actually in it. They only care about the label.” 

Glatter said that having been “lied to” once before about the phosphoric acid in the Coke didn’t remove the Coke-drinkers’ standing to bring a claim.

The panel took the arguments under submission.

Coca-Cola has faced many similar lawsuits in the past over claims of misleading advertising. In Feb. 2020, a federal judge ruled that each Class in a multidistrict litigation lawsuit had the status to seek an injunction, which would require the company to change its labeling.

Did you purchase a Coke thinking there were no artificial flavors in the product? Leave a message in the comments section below.

The class is represented by Joshua D. Glatter of Fleischman Bonner & Rocco LLP.

The Coca-Cola Artificial Flavor Class Action Lawsuit is George Engurasoff et al. v. Coca-Cola Refreshments USA Inc. et al., Case No. 20- 15742, in the U.S. Court of Appeals for the Ninth Circuit. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Orange Vanilla Coca Cola Artificially Flavored, Class Action Lawsuit Says
• Do You Qualify: Surgical Staples Lawsuit for Complications & Recall
• Coca Cola Class Action Says Soda Lacks Vanilla
• Uber Sexual Assault, Lyft Driver Rideshare App Lawsuit Investigation