Class Action Lawsuit Accuses Coca-Cola of Deceptive Advertising

The Coca-Cola Company has been hit with a class action lawsuit accusing the company of deceptively advertising it products as containing no artificial flavors or preservatives, even though the products contain phosphoric acid, a type of preservative.

Ronald Sowizrol bought various types of the soda, yet according to the class action lawsuit, the advertising by Coca-Cola wrongfully describes these beverages as containing “no artificial flavors. no preservatives added. Since 1886.” That labeling, seen on 2-liter bottles, as well as 24-packs and 12-packs of 12-ounce cans of regular Coca-Cola is just one part of a campaign the man’s class action lawyers say is full of deceptive advertising.

They argue that, in violation of Illinois’ food and drug statutes, phosphoric acid cannot be described as a natural ingredient because it is not derived from a food product in any respect. Coca-Cola’s website agrees with the definition, defining artificial flavors as “substances used to impart flavor that are not derived from a natural substance.” Phosphoric acid is used both as a preservative as well as a flavoring that increases tartness.

The class action lawsuit also argues that Coca-Cola’s decision to focus on the purported all-natural composition of its products came as millions of consumers moved from soft drinks to other beverages. The company decided to focus on the ingredients and the so-called “Pemberton campaign” named after the soft drink’s original inventor.

Yet, the global brand director of the soft drink firm obliquely referenced the deceptive advertising, the class action lawsuit alleges, telling one newspaper, “‘Pemberton’ is more fact-based, affirming for consumers that Coca-Cola never has had, and never will have, added preservatives or artificial flavors.” Yet the entire time, the products included the above noted phosphoric acid, and in addition the recipe has changed multiple times since 1886, including the amount of sugar and the cessation of usage of cocaine.

Sowizrol seeks to represent a class of all Illinois residents who purchased regular Coca-Cola products because the company, “clearly violated federal and state laws specifically prohibiting the precise kind of misbranding and misleading behavior exhibited by The Coca-Cola Company.” In addition to the advertising campaign, the complaint alleges that the cans and bottles should also contain warnings regarding the artificial flavors that come from the use of phosphoric acid.

Sowizrol is represented by class action lawyers Robert A. Clifford and Shannon M. McNulty of Clifford Law Offices.

The Coca-Cola Deceptive Advertising Class Action Lawsuit is Ronald R. Sowizrol, et al. v. The Coca-Cola Company, et al., Case No. 14-cv-01914, in the U.S. District Court for the Northern District of Illinois.

UPDATE: On May 21, 2014, Coca-Cola Co. asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate this case with five other Coke class action lawsuits, saying the plaintiffs’ claims are all substantially similar.

UPDATE 2: On May 19, 2016, a federal judge dismissed some false advertising claims against Coca-Cola but will allow other claims in a class action lawsuit to go forward.

UPDATE 3: On July 5, 2016, plaintiffs in a large-scale multidistrict litigation over Coca-Cola marketing practices are alleging that the beverage behemoth is resorting to stall tactics to delay an artificial ingredient lawsuit.

UPDATE 4: On July 19, 2016, the judge denied a motion by Coca-Cola to put the class action lawsuit on hold.

UPDATE 5: On Feb. 14, 2020, a California federal judge partially certified a class action lawsuit filed against The Coca-Cola Co. by consumers who say Coke’s “no artificial flavors” labels are misleading.