Viva Labs Class Action Challenges Coconut Oil ‘Healthy’ Label

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A class action lawsuit claims Viva Labs Inc. deceptively markets their Organic Extra Virgin Coconut Oil as “healthy.”

Plaintiff Syndi Tracton of San Diego filed the proposed class action lawsuit against Viva Labs in California federal court on Nov. 10, alleging the company misleadingly labels and markets its Organic Extra Virgin Coconut Oil as healthy, and as a healthy alternative to butter and other cooking oils when it is actually “inherently unhealthy and a less healthy alternative.”

The complaint alleges that while Viva Labs strategically markets its Coconut Oil as being healthy, the product contains a high level of saturated fat and therefore increases the risk of heart disease.

“Viva Labs deceptively markets its Coconut Oil with a variety of labels intended to convince consumers that the product is healthy, and to conceal or distract from the fact the Coconut Oil is almost entirely saturated fat,” the lawsuit reads.

Tracton purchased a 54-fluid-ounce Coconut Oil in January 2015 from Amazon.com for approximately $25. When deciding to purchase Viva Labs Coconut Oil, Tracton says she relied on the health and wellness claims displayed on the label.

For example, the labeling suggests consumers use Coconut Oil “as a supplement,” telling them to “take 1-4 tablespoons per day for best results,” and that it “can be added to your favorite foods to boost nutrition.”

But Tracton says if consumers were to take Viva Labs suggestion and take four tablespoons a day, that would result in consuming 52 grams of saturated fat, which according to the Coconut Oil’s nutrition facts, would constitute 260 percent of the recommended daily intake.

Tracton brings this action challenging Viva Lab’s labeling and marketing claims related to its Coconut Oil on behalf of herself and a Class of California consumers who purchased the Coconut Oil.

Additionally, Tracton seeks an order compelling Viva Labs to cease marketing its Coconut Oil by using misleading tactics, conduct a corrective advertising campaign, and destroy all misleading and deceptive materials. She is requesting an award for restitution and punitive damages as allowed by law.

This is not the first time that coconut oil brands have faced legal ramifications for mislabeling. Earlier this year, a similar class action lawsuit was filed against Carrington Tea Co. LLC by plaintiff Amy Boulton for its Carrington Farms Extra Virgin Coconut Oil and Coconut Cooking Oil.

In January, Costco faced similar allegations in a class action lawsuit claiming the retailer’s brand of coconut oil, Kirkland Signature Organic Coconut Oil, is misleadingly and incorrectly labeled as being healthier than other alternatives, such as butter and other types of cooking oils.

Tracton is represented by Paul K. Joseph of The Law Office of Paul K. Joseph PC and Jack Fitzgerald, Trevor M. Flynn, and Melanie Persinger of The Law Office of Jack Fitzgerald PC.

The Viva Labs Coconut Oil Class Action Lawsuit is Syndi Tracton v. Viva Labs Inc., Case No. 3:16-cv-02772, in the U.S. District Court for the Southern District of California.