Coca-Cola class action alleges piña colada-flavored Fanta uses artificial flavoring

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Coca-Cola Fanta class action overview

• Who: Coca-Cola is trying to get a class action case against it dismissed
• Why: A consumer is suing the company, alleging it falsely advertised its piña colada-flavored Fanta
• Where: New York federal court

Coca-Cola is fighting a class action lawsuit alleging it falsely advertised its piña colada-flavored Fanta as having natural flavoring.

On June 17, the Coca-Cola Co. filed documents in a New York court urging a judge to dismiss the class action lawsuit lodged against it by plaintiff Janie Hawkins.

In the lawsuit, Hawkins claims that Coca-Cola’s piña colada-flavored Fanta uses an artificial flavor — malic acid — which doesn’t serve as a “flavor” under U.S. Food and Drug Administration (FDA) rules.

Hawkins claims laboratory tests indicate the drink includes DL-malic acid, which is an artificial flavor commercially made from petroleum products, making the product’s “100% natural” claim false and misleading. 

However, Coke argues Hawkins fails to state a claim under New York’s General Business Law.

It says the malic acid does not function as a “flavor” in the product, and that FDA regulations allow for malic acid to serve a variety of functions in a beverage, including as a “pH control agent,” a “flavoring agent and adjuvant” or “a flavor enhancer.”

Original complaint filed in 2021

Hawkins filed the original complaint in October, alleging the product’s label says its ingredients include “natural flavors” and “malic acid.” 

She alleges that malic acid comes in two forms, one artificial and one natural, with L-malic acid occurring naturally in various fruits, such as ripe pineapples, and D-malic acid — the one Coke uses — not occurring naturally.

“Defendant had the option to add naturally extracted L-malic acid, a naturally manufactured acid such as citric acid, or natural fruit flavors, including from the fruits pictured, but used artificial DL- malic acid because it was likely cheaper or more accurately resembled the flavors of the pictured fruits than citric acid or other acid,” Hawkins said.

She’s suing for false advertising, breach of express warranty and fraud.

Meanwhile, the Coca-Cola Co. is also fighting a class action lawsuit alleging it sells products with rewards program codes that do not actually benefit consumers.

What do you think of the allegations in this lawsuit? Let us know in the comments! 

Hawkins is represented by Spencer Sheehan of Sheehan & Associates PC and Shub Law Firm LLC.

The Coca-Cola Fanta class action lawsuit is Janie Hawkins v. The Coca-Cola Co., Case No. 7:21-cv-08788, in the U.S. District Court for the Southern District of New York. 

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