Oca class action alleges energy drinks falsely advertised as containing no preservatives

Oca no preservatives class action overview: 

• Who: A Florida resident is suing Beliv, the maker of Oca.
• Why: The plaintiff says the company misleads customers by advertising Oca as containing no preservatives.
• Where: The Oca class action was filed in a Florida federal court.

A Florida woman has hit the maker of Oca plant-based energy drinks with a class action lawsuit alleging it misleads its customers by advertising the beverage as containing no preservatives.

Emily Flood filed the class action complaint against Beliv LLC on Dec. 27 in a Florida federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, the drinks — available in berry acai, guava passion fruit, mango, and prickly pear-lime flavors — prominently feature the “no preservatives” claim on their labels. 

However, the lawsuit alleges these products contain citric acid, a substance classified as a preservative by the U.S. Food and Drug Administration.

“Citric acid is unequivocally identified as a preservative in the FDA’s Substances Added to Food database,” the Oca no preservatives lawsuit says. The FDA describes citric acid as an antimicrobial agent that prevents mold and bacteria growth in foods.

Consumers wouldn’t have bought Oca if they knew the truth, lawsuit claims

Flood, who says she bought several Oca drinks at Whole Foods in Tampa, says she relied on the “no preservatives” claim when buying the beverages.

“Ms. Flood would not have purchased the products, or would have purchased them on different terms, had she known the truth about their contents,” the Oca no preservatives lawsuit says.

She says Beliv sought to capitalize on consumer demand for “clean label” products—items perceived as healthier and free from additives. 

As a result, Flood is looking to represent anyone in the United States who bought the Oca products. She is suing for violations of Florida’s Deceptive and Unfair Trade Practices Act and the state’s prohibition against false advertising, as well as breach of warranty and unjust enrichment, and is seeking certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, consumers have recently taken aim at other beverage companies over claims they falsely advertised their products to the public. 

Several companies also recently initiated or expanded recalls for beverage products, including a variety of apple juice drinks and five batches of Lactaid 96-ounce milk carton products. Click here for more information.

What do you think of the allegations in this Oca class action? Let us know in the comments.

The plaintiff is represented by Bryan J. Geiger of Seraph Legal P. A. 

The Oca class action lawsuit is Emily Flood v. Beliv LLC, Case No. 8:24-cv-02993 in the U.S. District Court for the Middle District of Florida.

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