Coca-Cola Berry Fanta Class Action Alleges Beverage Mislabeled as 100% Natural Flavors

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Coca-Cola Berry Fanta Flavoring Class Action Lawsuit Overview:

• Why: The plaintiff accuses the soft drink company of misleading consumers into thinking its berry Fanta is made with 100% natural flavors when it actually has artificial flavoring. 
• Who: A Fanta fan is suing The Coca-Cola Company.
• Where: The class action lawsuit was filed in California federal court.

A Fanta consumer is suing The Coca-Cola Company for characterizing its berry Fanta beverage as 100% natural when it actually has significantly artificial flavoring. 

The plaintiff, Kyla Tapia, says that the Fanta product displays “100% NATURAL FLAVORS” above the word “BERRY” on its front label in addition to pictures of blueberries and a raspberry. She argues that consumers “expect only natural flavors” due to this representation, which “appeals to the more than seven out of 10 consumers who avoid artificial flavors.”

However, the product includes a synthetic form of malic acid, which renders the representation of 100% natural flavors false and misleading, according to the complaint. 

Berry Fanta Contains Petroleum-Derived Ingredients, Class Action Says

The product lists malic acid as an ingredient. As L-malic acid, this can occur naturally in certain fruits to provide the fruit’s flavor. 

However, the Fanta product contains DL-malic acid which does not occur naturally per federal regulations and is derived from petroleum products, according to the class action. The complaint argues this ingredient is only discoverable with a chemistry kit, something most consumers do not have access to. “Defendant is required to tell consumers if it used the artificial version, instead of only using the generic name,” the lawsuit says. 

The complaint argues that Coca-Cola “had the option” to add natural flavors such as L-malic acid, citric acid or natural blueberry or raspberry flavor. Instead, it “intentionally used artificial DL-malic acid because it was likely cheaper or more accurately resembled natural flavors.” 

The drink also contains the coal tar dye Blue 1, a synthetic food coloring made from petroleum, “to give consumers the false impression that the product contains” more natural blueberry and raspberry flavors and ingredients than it actually does, according to the complaint. The complaint says Blue 1 has even been banned in Australia and Europe due to health concerns.

Tapia seeks a declaration that Coca-Cola has committed the alleged violations; restitution and disgorgement; declaratory and injunctive relief; damages; an award of compensatory damages; and attorneys’ fees. He seeks to represent a statewide class that includes all California citizens who purchased the berry Fanta product for personal or household consumption and/or use within the statutory period. 

Have you ever relied on a product’s characterization as “naturally flavored” when making a purchase? Tell us about your experience in the comments section below!

The plaintiff is represented by Jonathan Shub and Kevin Laukaitis of Shub Law Firm LLC and Spencer Sheehan of Sheehan & Associates, P.C.

The Coca-Cola Berry Fanta Flavors Class Action Lawsuit is Tapia v. The Coca-Cola Company, Case No. 3:22-cv-01362-LB, in the U.S. District Court for the Northern District of California

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