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Coca Cola class actionOn Tuesday, a California federal judge denied a motion by Coca-Cola Co. to put a consolidated class action lawsuit over artificial flavoring mislabeling on hold, finding that the disadvantages to granting the stay outweighed the possible benefits.

The Coca-Cola class action lawsuit, which was consolidated as In re: Coca-Cola Products Marketing and Sales Practices Litigation (No. II) in 2014, accuses the beverage giant of misleading consumers by indicating Coke is free of artificial flavors and preservatives even though the soft drink contains phosphoric acid.

The plaintiffs accuse Coca-Cola of concealing its use of phosphoric acid as an ingredient by not identifying it as an artificial flavor and preservative on the product labels. This omission, along with the advertising claim that Coca-Cola contains “No artificial flavors” and “No preservatives added” misled consumers, according to the Coca-Cola class action lawsuit.

Last month, Coca-Cola filed a motion asking the court to stay the artificial flavoring class action lawsuit until three cases involving similar issues that are currently before the 9th U.S. Circuit Court of Appeals are resolved: Jones v. ConAgra Foods, Brazil v. Dole Packaged Foods, and Kosta v. DelMonte Foods Inc.

In his July 19 order denying the stay, U.S. District Judge Jeffrey S. White noted that the three cases before the 9th Circuit have been pending for close to three years, and that it is unclear when the court would issue rulings on the cases.

“As time passes, there is an increased likelihood that memories will fade or that Defendants’ current employees may leave the companies,” Judge White wrote. “The Court concludes Plaintiffs would be damaged by a further delay on all claims asserted in this action. This factor weighs against granting a stay.”

Judge White also noted that the appellate court decisions in Jones, Brazil and Kosta could possibly provide guidance for the Coca-Cola labeling class action lawsuit, but he concluded that both parties would be equally inconvenienced by engaging in discovery, which he says “renders this factor neutral.”

Coca-Cola had argued that the artificial flavoring class action lawsuit should be stayed because Jones, Brazil and Costa involve the same California consumer protection laws at issue in the case. Judge White disagreed with Coca-Cola’s analysis, finding that the Coca-Cola class action lawsuit also involves consumer protection statutes and common law of five other jurisdictions.

Judge White found that Coca-Cola failed to argue how the analysis in the three cases before the 9th Circuit would affect the analysis of the laws from the five other jurisdictions at issue in the Coca-Cola flavoring class action lawsuit. He determined that this factor also weighed against granting a stay.

The plaintiffs are represented by Keith M. Fleischman, Joshua D. Glatter and Bradley F. Silverman of Fleischman Law Firm PLLC and John W. Barrett and Brian Herrington of Barrett Law Group PA.

The Coca-Cola Artificial Flavoring Class Action Lawsuit is In re: Coca-Cola Products Marketing and Sales Practices Litigation (No. II), Case No. 4:14-md-02555, in the U.S. District Court for the Northern District of California.

UPDATE: On June 16, 2017, soda drinkers asked a federal judge to certify their proposed Class in a lawsuit alleging Coca-Cola orchestrated a misleading marketing campaign about the preservatives and artificial flavors in its products.

UPDATE 2: 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.

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20 thoughts onJudge Won’t Put Coca-Cola Artificial Flavoring Class Action Lawsuit On Ice

  1. Chesenia says:

    How an I get included in this one? I don’t see the link

  2. teresa deel says:

    that’s all I drink is coke add me please

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  3. Veronica S says:

    Im already a class action member…id like to file a claim for this also

  4. esther STEWART says:

    ADD ME 20.I have been drinking coke for many years. Add me to this lawsuit please. Thank you

  5. Lisa wasielak says:

    Ive been drinking coke for 10 years please add me

  6. Ellen Masser says:

    I Drank coke for about 45 yrs please add me to the lawsuit thank you

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  7. Carol Gulyas says:

    I have drank coke products now for many years please add me to the lawsuit.

  8. Angela Nealy says:

    I have been drinking coke for many years. Add me to this lawsuit please. Thank you

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