Vitaminwater Deceptive Marketing Class Action Settlement Approved

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On Wednesday, an Ohio federal judge preliminarily approved a class action settlement over claims The Coca-Cola Co. and Energy Brands Inc. overstate the nutritional content of Vitaminwater, finding the companies’ plan to remove the allegedly misleading statements from the beverage labels is “fair, reasonable, and consistent with applicable laws.”

The Vitaminwater class action settlement will resolve several mislabeling class action lawsuits that were filed throughout the country in 2010. The plaintiffs allege Vitaminwater’s packaging and marketing deceives consumers into thinking the product is fortified with nutrients, when Vitaminwater is basically just a sugary beverage.

The Vitaminwater class action lawsuits alleged that the use of statements such as “vitamins + water = what’s in your hand,” “this combination of zinc and fortifying vitamins can … keep you healthy as a horse,” and “vitamins + water = all you need” is deceptive because the product contains nearly as much sugar as a regular Coke.

Coca-Cola and Energy Brands deny the allegations but agreed to settle the Vitaminwater class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

In his decision to approve the Vitaminwater class action settlement, U.S. District Judge Michael R. Barrett stated the deal was “negotiated, and consented to, on behalf of the parties, with the assistance of this Court, and resolves the claims against the defendants arising out of the action as set forth in the settlement agreement.”

Judge Barrett certified five subclasses of residents of Florida, Illinois, Missouri, Ohio and the U.S. Virgin Islands who purchased the products within their home jurisdiction since Jan. 1, 2003.

The Vitaminwater class action settlement does not provide monetary relief to Class Members; however, it does provide significant injunctive relief. Specifically, the defendants have agreed to remove the allegedly misleading statements from the Vitaminwater products and state the amount of calories per bottle. While the companies are not prohibited from continuing to advertise Vitaminwater as an “excellent source” of certain nutrients, they must direct consumers to “see nutrition facts for more detail” in a bolded statement immediately beneath the panel.

A final approval hearing for the Vitaminwater class action settlement has been scheduled for Dec. 2, 2014.

The Vitaminwater settlement documents indicate that a settlement website will be established within 15 days. 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 Richard S. Wayne and Joseph J. Braun of Strauss Troy Co. LPA; Brian T. Giles of Statman Harris & Eyrich LLC, Aashish Y. Desai of Desai Law Firm PC; Scott Ferrell of Newport Trial Group; William C. Wright of the Wright Law Office PA; J. Russell Pate of the Pate Law Firm; and Christopher Shank of Shank & Hamilton PC.

The Vitaminwater Deceptive Marketing Class Action Lawsuit is David Volz, et al. v. The Coca-Cola Company, et al., Case No. 1:10-cv-00879, in the U.S. District Court for the Southern District of Ohio.

UPDATE : Details about the Vitaminwater class action settlement are now available!