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Coca-Cola faces a class action lawsuit from a consumer alleging that their Hansen’s sodas are not truly natural, despite the company’s “deceptive and misleading” marketing which says otherwise.
Plaintiff Karen Nelson recently filed the class action lawsuit against The Coca-Cola Company, over claims that Hansen’s sodas are not natural despite being branded as such.
Nelson says the soda line contains multiple artificial ingredients including ascorbic acid, citric acid, and caramel color.
The Coca-Cola class action lawsuit states that natural food and drink products are growing in popularity, with more consumers hoping to live a cleaner, healthier life through the purchase of natural products. Numerous studies have shown that “natural” is a marketing buzzword.
The Hansen’s Natural Soda class action lawsuit points to one study that reviewed 72 studies conducted in 32 countries involving 85,348 consumers. This study concluded that “the food industry needs to develop foods that are perceived as natural and as a result evoke positive thoughts consumers associate with natural foods.”
Nelson claims that Coca-Cola is aware of the public tendency to purchase products marketed as “natural” and took advantage of this tendency with their Hansen’s sodas.
Hansen’s Natural Sodas are a line of soda products which are heavily marketed as “natural,” implying that they are free of undesirable, artificial ingredients.
However, the Coca-Cola class action states that Hansen’s sodas are not natural because they contain numerous artificial ingredients including ascorbic acid, citric acid, and caramel color.
Both ascorbic acid and citric acid are synthetic substances which the FDA allegedly recognizes as “chemical preservatives.” The FDA has reportedly also made similar statements regarding artificial color, stating that “all color additives regardless of source” are artificial or synthetic.
The Hansen’s Soda class action lawsuit claims that Coca-Cola knows its ingredients are not classified as natural, yet continues to falsely advertise their sodas as natural in order to attract consumers.
“Defendant’s representation that the Hansen’s Natural Sodas are ‘natural’ is a material representation because consumers attach importance to ‘natural’ claims when making purchase decisions, especially when buying drink products,” Nelson argues in her Coca-Cola class action lawsuit.
“Thus, Defendant markets and advertises its Hansen’s Natural Sodas as ‘natural’ in order to differentiate the products, increase sales and induce consumers to purchase its Hansen’s Natural Sodas.”
Nelson argues that Coca-Cola’s “false and misleading” advertising is in violation of the California Consumers Legal Remedies Act, California’s Unfair Competition Law, and breach of the express warranty “created by Defendant’s advertising, including its labeling.”
Nelson seeks to represent a nationwide Class of consumers who purchased Hansen’s Natural Sodas within the applicable period, to be determined in court.
She also seeks to represent a multi-state Class of the same consumers from California and states with similar consumer protection laws.
Should the court not approve the multi-state Class, Nelson proposed to represent a Class of consumers only from California who purchased Hansen’s Natural Sodas.
The plaintiff is represented by Timothy G. Blood, Thomas J. O’Reardon II, and Craig W. Straub of Blood Hurst & O’Reardon LLP; and Michael T. Fraser of The Fraser Law Firm PC.
The Hansen’s Natural Soda Class Action Lawsuit is Nelson v. The Coca-Cola Company, Case No. 3:18-cv-02225-H-AGS, in the U.S. District Court for the Southern District of California.
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