Coca-Cola seeks dismissal of Minute Maid apple juice false advertising class action

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Update:

• Coca-Cola asked a Michigan federal judge to throw out a class action lawsuit regarding vitamin C contained in its Minute Maid apple juice.
• Plaintiff Natasha Hawkins alleges Coca-Cola does not disclose the vitamin C in the juice is an ascorbic acid added to prolong the product’s shelf life.
• However, Coca-Cola says in its filing that vitamin C appears on the label, and the preservative effect of the ascorbic acid is incidental and not the intended impact.
• The filing also states the defendant’s attorney, Spencer Sheehan, has filed over 400 putative class action lawsuits since 2020. Coca-Cola claims most of these suits are based on consumer labeling and have been thrown out as they “suffer the judicial equivalent of … an explosion on the launch pad,” according to the filing.

Minute Maid apple juice class action overview: 

• Who: An apple juice consumer is suing Coca-Cola, the maker of Minute Maid. 
• Why: The plaintiff says the apple juice is falsely marketed to suggest it doesn’t contain preservatives.
• Where: The Minute Maid apple juice class action lawsuit was filed in an Illinois federal court. 

(Feb. 09, 2023)

Minute Maid apple juice does not properly disclose on its packaging that it contains chemical preservatives, a new class action lawsuit alleges. 

Plaintiff Natasha Hawkins filed the class action lawsuit against The Coca-Cola Co. on Feb. 5 in an Illinois federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, The Coca-Cola Co. makes and sells apple juice under the Minute Maid brand promoted as “With Vitamin C,” but fails to disclose it contains chemical preservatives.

“Neither the front label statement of ‘With Vitamin C’ or ‘Vitamin C (Ascorbic Acid)’ on the ingredient list discloses that it contains the chemical preservative of ascorbic acid,” the lawsuit alleges. 

Ascorbic acid not is not properly listed as a preservative, lawsuit alleges

According to the lawsuit, not only does the ingredient list not inform consumers of the preservative function of ascorbic acid, it also identifies it as “Vitamin C,” even though its common name is ascorbic acid.

“Ascorbic acid is a chemically modified form of vitamin C, used in apple juice as a preservative,” the lawsuit states. 

While ascorbic acid and vitamin C are authorized synonyms, this is only allowed when listing nutrient information, not in the ingredient list, the lawsuit adds.

“That the ingredient list places ‘Ascorbic Acid’ in parentheses appears a subtle yet insufficient and misleading attempt to comply with the requirements of disclosing a chemical preservative,” Hawkins alleges. 

Consumers are misled because the labeling fails to disclose the presence and function of the chemical preservative of ascorbic acid, she adds.

As a result of the alleged false and misleading representations, the product is sold at premium price, the lawsuit says.

Hawkins seeks to represent an Illinois class of consumers who bought the product, plus a consumer fraud multi-state class of consumers from Utah, South Dakota, Kansas, Mississippi, Arkansas, Alaska, Wyoming and South Carolina. 

She is suing under state consumer laws and for fraud, negligent misrepresentation and unjust enrichment and seeks certification of the class action, damages, fees, costs and a jury trial. 

In 2021, Sprite, Coca-Cola, and Minute Maid were recalled across various Southeastern states.  due to “undisclosed foreign matter.” Read here for more information. 

What do you think of the allegations about the Minute Maid juice? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.

The Minute Maid apple juice class action lawsuit is Natasha Hawkins, et al. v. The Coca-Cola Co., Case No. 1:23-cv-00700, in the U.S. District Court for the Northern District of Illinois.

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