Judge trims claims in Fresca false advertising class action

Update: 

• A federal judge in Illinois trimmed a class action lawsuit filed against Coca-Cola over claims the company misled consumers about the fruit content in a pair of its Fresca citrus-flavored sparkling soda water beverages. 
• U.S. District Judge Manish Shah ruled federal law preempted claims that the fruit vignettes on the front label of the Fresca drinks unlawfully misrepresent the amount of the actual ingredient present. 
• The consumer will now only be allowed to focus his claims on the alleged deceptive labeling as “sparkling soda water,” Judge Shah determined. 
• Judge Shah also dismissed a plaintiff from the complaint for lacking jurisdiction in Illinois because he bought the Fresca products in Connecticut and failed to allege Coca-Cola made any contact with Illinois in connection with his purchases. 
• Coca-Cola previously asked the judge to dismiss the complaint, arguing the labeling for the Fresca products complied with federal labeling requirements. 
• The Fresca class action claims Coca-Cola failed to disclose that its Fresca beverages are artificially sweetened with citric acid and aspartame. 

Fresca fruit class action lawsuit overview: 

• Who: Mark Letoski and Roger Fox filed a class action lawsuit against The Coca-Cola Co. 
• Why: Letoski and Fox claim Coca-Cola misleads consumers about the fruit content of a pair of its Fresca brand citrus-flavored sparkling soda water beverages. 
• Where: The class action lawsuit was filed in Illinois federal court. 

(Jan. 18, 2023)

The Coca-Cola Co. misleads consumers about the fruit content of its citrus flavored Fresca brand sparkling soda water drinks by not disclosing that they are artificially sweetened, a new class action lawsuit alleges. 

Plaintiffs Mark Letoski and Roger Fox claim Coca-Cola misleads consumers who expect and understand sparkling water products to be free of sweeteners or flavorings with added carbonation. 

Letosi and Fox argue the Fresca black cherry citrus and grapefruit citrus flavored sparkling soda water products have a negligible amount of fruit ingredients, but instead contain aspartame and citric acid. 

“Consumers expect the Products’ citrus taste is from a non-de minimis amount of citrus fruit ingredients, like oranges, lemons or grapefruits, not citric acid, an additive,” states the Fresca class action. 

Letoski and Fox want to represent an Illinois and Vermont class and multi-state consumer fraud class of consumers who purchased the Fresca black cherry citrus and/or grapefruit citrus flavored sparkling water products. 

Consumers ‘prefer’ drinks with real fruit over artificial flavoring, says class action 

Consumers “prefer” drinks that contain real fruit ingredients rather than artificial fruit flavoring since the former have “nutritive value, are natural, less processed and not exposed to additives and solvents,” according to the Fresca class action. 

Letoski and Fox argue that consumers are further misled by imagery of the fruit on the front label of the Fresca sparkling water products. 

“The front label pictures of grapefruits and cherries causes consumers to expect non-negligible amounts of these fruit ingredients,” states the Fresca class action. 

Letoski and Fox claim Coca-Cola is guilty of fraud, unjust enrichment, and negligent misrepresentation, and of violating the Magnuson Moss Warranty Act, the Illinois Consumer Fraud and Deceptive Business Practices Act, and several state consumer fraud acts. 

Plaintiffs are demanding a jury trial and requesting an award of monetary, statutory, and/or punitive damages for themselves and all class members. 

A separate class action lawsuit was filed against Coca-Cola last year by a consumer arguing the company has an unlawful rewards program that doesn’t offer anything of actual value. 

Have you purchased a Fresca sparkling water product? Let us know in the comments! 

The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Fresca fruit class action lawsuit is Letoski, et al. v. The Coca-Cola Company, Case No. 1:23-cv-00238, in the U.S. District Court for the Northern District of Illinois. 

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