Coca-Cola Class Action Says Soda Lacks Vanilla

The Coca-Cola Company has been hit with a class action lawsuit by a consumer who claims that the beverage company’s Vanilla Coke does not contain real vanilla.

Steven Gil says that the front label representations on the product include “Vanilla,” “Coca-Cola,” and “Vanilla Flavored & Other Natural Flavors.” He states that these representations are misleading because although the characterizing flavor is represented as vanilla, the vanilla taste is not exclusively from vanilla, but artificial flavors.

Gill says that he purchased Vanilla Coke at grocery stores and convenience stores near his Bronx, New York residence and that he bought the product because he expected its vanilla flavors not to be enhanced by artificial flavors.

Gil states in his Coca-Cola class action lawsuit that recreating the complexity and richness of “vanilla flavor” provided by vanilla beans is a task science has been unable to duplicate, which is why consumers are willing to pay more for products labeled solely with the term “vanilla”.

The plaintiff maintains that, due to the widespread fraud of vanilla products, vanilla became the only flavor for which a standard identity was established to “insure, for the protection of both the consumers and our industry, that all vanilla products are correctly labeled and meet at least minimum standards.”

As such, vanilla regulations require that, when a product is labeled as vanilla, the addition of non-vanilla flavors that increase and promote a vanilla taste are required to be declared as artificial flavors, so consumers are not misled, the plaintiff goes on to say.

In addition, Gill says that where a product is flavored with a combination of vanillin (non-vanilla) and vanilla, it must inform consumers that it contains vanillin, an artificial flavor, on the ingredient list and front label. He says that the amount and proportion of the characterizing component, vanilla, has a material bearing on price and consumer acceptance of the product and consumers do not expect artificial vanilla flavors.

Gil goes on to state that the ingredient list declaration of “natural flavor” fails to tell consumers that a small amount of vanilla is present and that the vanilla taste is from artificial vanilla flavors. He claims that he relied on the statements, omissions, and representations of Coca-Cola and that the company knew or should have known that their representations were false.

“The amount and proportion of the characterizing component, vanilla, has a material bearing on price and consumer acceptance of the Product and consumers do not expect artificial vanilla flavors,” the Coca-Cola class action lawsuit states.

Gil argues that the presence of non-vanilla artificial flavors is not disclosed on the Vanilla Coke front label or ingredient list, which is deceptive, misleading, and in violation of law.

The Coca-Cola class action lawsuit asserts that everyday consumers cannot be expected to know intricate labeling regulations for vanilla ingredients, which makes the defendant’s representation of “Other Natural Flavors” deceptive and misleading. Gil also says that a reasonable consumer cannot follow up or learn the truth that the product contains non-vanilla artificial flavors from reading the product’s ingredient list because Coca-Cola labels this combination as “Natural Flavor.”

“Defendant’s branding and packaging of the Product is designed to – and does – deceive, mislead, and defraud plaintiff and consumers,” the Coca-Cola class action lawsuit goes on to state.

Gil explains that Coca-Cola sold more of the product at higher prices than it would have in the absence of this misconduct, which resulted in additional profits at the expense of consumers.

Had Gil and Class Members known the truth, they would not have purchased Vanilla Coke or would have paid less for it, the plaintiff states. However, Gil says that he would purchase the product again if assured it did not contain vanilla-enhancing ingredients in addition to vanilla and if the product was labeled in a non-deceptive manner.

He claims that he is currently unable to rely on the Coca-Cola product’s label and would be unable to do so in the future. However, Gil says he would rely on the product labeling if the product is reformulated or the label is changed to truthfully disclose its contents.

“Plaintiff and Class Members desired to purchase and consume products which were as described and marketed by the defendant and expected by reasonable consumers, given the product type,” Gill states in his Coca-Cola class action lawsuit.

Gil argues that Coca-Cola had a duty to disclose and provide non-deceptive marketing of the product and knew or should have known that the representations were misleading.

Common questions of law and fact in the Coca-Cola class action lawsuit include whether the defendant’s representations were and are misleading and if the plaintiff and class members are entitled to damages.

Did you purchase Vanilla Coke thinking that it contained real vanilla? Leave a message in the comments section below.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates and Michael R. Reese of Reese LLP.

The Coca-Cola Vanilla Class Action Lawsuit is Steven Gil v. The Coca-Cola Company, Case No. 1:20-cv-05064, in the U.S. District Court for the Southern District of New York.

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