Coca-Cola Hit with Another Class Action Lawsuit Over Ingredients

A proposed class action lawsuit has been filed by lead plaintiffs Ayanna Nobles and Julia Hughes, alleging that Coca-Cola Refreshments USA Inc. and Coca-Cola misrepresented Coke as free from added preservatives and artificial flavors.

According to the class action lawsuit, Coke contains phosphoric acid, an artificial flavoring and chemical preservative. The lawsuit added that certain Coca-Cola containers “contain the affirmative statement that there are ‘no artificial flavors, no preservatives added.’ The plaintiffs allege this statement is false.

The Coke class action lawsuit states that Coca-Cola failed to disclose on its containers that phosphoric acid is used in Coca-Cola to serve either as an artificial flavoring and/or as chemical preservative.

Coca-Cola states on its website that it adds phosphoric acid to sodas to improve their flavor and “tartness” and protect them from spoiling. It is also an acidulant, which can reduce the growth of micro-organisms, the plaintiffs claim.

The class action lawsuit’s point of contention is that because phosphoric acid is being used to impart flavor to Coca-Cola, then it should be classified as artificial flavoring. It is “artificial” because it is not derived from a spice, fruit, vegetable, edible yeast, herb, bark, bud, root, leaf, meat, fish, poultry, eggs, dairy products or fermentation products, the lawsuit adds. Likewise, because it is being used to prevent spoilage, then it is allegedly classified technically as a chemical preservative.

The Food Drug & Cosmetic Act and the Sherman Law call for disclosure if a product ingredient is an artificial flavoring or a chemical preservative.

This lawsuit is the third of the same nature that has been filed against Coca-Cola this year. A similar class action lawsuit alleging that Coke contains hidden artificial ingredients was filed in September (Engurasoff v. Coca-Cola Co.).

The current case is Ayanna Nobles and Julia Hughes v. Coca-Cola Refreshments USA Inc., et al., Case No. 13-cv-5017 in the Northern District of California

UPDATE: On May 21, 2014, Coca-Cola Co. asked the U.S. Judicial Panel on Multidistrict Litigation toconsolidate 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 judgedismissed some false advertising claimsagainst 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 isresorting to stall tacticsto 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.