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Vitamin WaterCoca-Cola has agreed to settle a class action lawsuit alleging the soft drink manufacturer falsely advertising its Vitaminwater product as “vitamins + water = all you need” when it actually contains about eight teaspoons of sugar. Lead plaintiffs Batsheva Ackerman and Juliana Ford filed the Coca-Cola class action lawsuit seeking injunctive relief to change the Vitaminwater labels.

According to the Vitaminwater class action lawsuit settlement, Coca-Cola will be required to place the words “with sweeteners” on two panels of the products label. The Vitaminwater settlement also mandates that Coca-Cola displays the calories per bottle on the main display panel and that the words “excellent source (of certain nutrients)” are added to the product label followed by a bold-typed statement that reads: “see nutrition facts for more detail.”

The Coca-Cola Vitaminwater label class action lawsuit settlement will also require that claims including “vitamins + water = all you need” and “made for the center for responsible hydration” are omitted from the product label.

In addition, The Coca-Cola Company and Energy Brands Inc. have agreed to pay $2.7 million in the plaintiffs’ attorney fees to cover the six-year litigation process. The beverage manufacturers will also pay each Class Representative $5,000.

Counsel for the plaintiffs confirm that they are pleased with the terms of the Coca-Cola class action settlement. They state that the injunctive terms that inform customers that Vitaminwater has 32 grams of sugar and stop the soft drink manufacturer from placing various health claims on the product label is what prompted the Vitaminwater class action lawsuit.

The Vitaminwater class action lawsuit was originally filed in January 2009 by plaintiff James Koh who accused Coca-Cola and Energy Brands of falsely advertising claims related to the defendants’ labeling and other marketing of the product.

Once the terms of the Coca-Cola class action settlement are approved, it will be open to all Class Members who are New York residents who purchased Vitaminwater within the state between Jan. 20, 2003 up to the notice date. The settlement will also be open to all Class Members who are California residents who purchased Vitaminwater between Jan. 15, 2005 up to the notice date.

This is a separate class action settlement from the one reached last summerwhich was limited to residents of the States of Florida, Ohio, Illinois, and Missouri, and the U.S. Virgin Islands who purchased Vitaminwater products.

Further information about the New York and California Vitaminwater class action lawsuit settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Michael R. Reese and George V. Granade of Reese LLP, Deborah Clark-Weintraub of Scott and Scott LLP and Maia Kats, litigation director for the Center for Science in the Public Interest.

The Vitaminwater Label Class Action Lawsuit Settlement is Batsheva Ackerman, et al. v. Coca-Cola Co., et al., Case No. 1:11-md-02215, and Juliana Ford v. The Coca-Cola Co., et al., Case No. 1:09-cv-00395, in the U.S. District Court for the Eastern District of New York.

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3 thoughts onCoca-Cola Reaches Vitaminwater Label Class Action Settlement

  1. Wanda says:

    I don’t seem to be able to find a link to apply for this. Where am I missing it>

  2. Holden Caufield says:

    Let me get this straight, the damn lawyers get 2.7 million,, the two people that brought the suit only get $5000 each and everyone else gets nothing? Id be satisfied with the lawyers getting EXPENSES, plus $1000 a week each and the two folks that brought suit get $5000 each,, and CHARITY getting the balance. Why should the lawyers get all the money??

    1. Andy says:

      Because they do ALL the work, put up ALL the money, and take ALL the risk.

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