Coca-Cola Hit with Minute Maid DHA False Ad Class Action Lawsuit

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The Coca-Cola Company has been hit with a class action lawsuit alleging it misrepresents the health benefits of one of its juice products.

Plaintiff Tom Browne filed the Minute Maid class action lawsuit Wednesday, arguing that Coca-Cola’s Minute Maid Pomegranate Blueberry 100% Fruit Juice Blend is marketed with false claims that it contains nutrients and amino acids that “support” the brain.

“Through an extensive, widespread, comprehensive and uniform nationwide marketing campaign, [Coca-Cola] promises that just 50 mg of algal DHA and four other nutrients (choline, Vitamin B12, Vitamin C and Vitamin E) support the brain,” the Minute Maid class action lawsuit alleges. Browne alleges the company makes numerous representations on the product’s label about the brain support capabilities.

Browne, a resident of San Diego, Calif., alleges he purchased several bottles of Minute Maid DHA after reading the product label, which touted the product’s brain support ingredients. He claims the brain support representations were a material factor when he made the decision to purchase the product and that, had he known the statements were false and/or misleading, he would not have purchased the Minute Maid DHA product.

In the Minute Maid DHA class action lawsuit, Browne points to several allegedly misleading statements. The first, displayed prominently on the front of the bottle, states: “Omega-3/DHA & 4 Nutrients to Support Brain & Body.” The back of the product includes a label indicating the benefits allegedly provided by DHA, choline, Vitamin B12, Vitamin E and Vitamin C.

“These representations, taken as a whole, provide consumers with a deceptive impression that they are purchasing a product with a meaningful brain support benefit,” Browne alleges in the Minute Maid DHA class action lawsuit. However, Browne argues that these statements are deceptive, false or misleading.

Browne points to several studies that found no evidence to support the claim that DHA has a beneficial effect on brain function. Further, according to the class action lawsuit, Americans get sufficient DHA from their daily diet and do not require a supplement. Similarly, Americans are not deficient in choline or B12 and do not benefit from supplementation, the Minute Maid class action lawsuit alleges.

While there may be some truth in the statements regarding Vitamins C and E, the Minute Maid class action lawsuit alleges the statements are misleading and deceptive. While it is technically true that Vitamin C “is highly concentrated in brain nerve endings,” Americans are not Vitamin C deficient and do not experience brain health benefits as a result of supplementation, Browne alleges in the class action lawsuit.

The Minute Maid DHA label also allegedly indicates that Vitamin E is an antioxidant that “may help shield the omega-3s in the brain from free radicals.” According to the Minute Maid class action lawsuit, this statement is misleading because it contains the qualifier “may” and there have not been any conclusive studies about the ability of antioxidants to shield DHA from free radicals. Further, as with the other vitamins and minerals, the class action lawsuit alleges that Americans are not Vitamin E deficient and do not experience brain health benefits from supplementation.

Browne seeks to represent a Class of consumers who purchased Minute Maid DHA in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington. He seeks injunctive relief, restitution and disgorgement of Coca-Cola’s revenues from the Minute Maid DHA products. He also seeks attorneys’ fees and an order requiring Coca-Cola to engage in a corrective advertising campaign.

Browne is represented by Bonnett Fairbourn Friedman & Balint PC, Stewart M. Weltman LLC, and Harke Clasby & Bushman LLP.

The Minute Maid DHA Class Action Lawsuit is Tom Browne v. The Coca-Cola Company, Case No. 3:14-cv-02687, in the U.S. District Court for the Southern District of California.