Coca-Cola Falsely Advertises Piña Colada Fanta as ‘Naturally Flavored’, Class Action Alleges

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Coca-Cola Fanta False Ad Class Action Lawsuit Overview: 

• Who: The Coca-Cola Company has been hit with a class action lawsuit alleging it falsely advertises its piña colada Fanta as naturally flavored.
• Why: New Yorker Janie Hawkins says that the soda actually contains the artificial flavor DL-Malic Acid, which is derived from petroleum products.
• Where: The lawsuit is pending in New York district court.

The Coca-Cola Company falsely advertises its piña colada Fanta as being naturally flavored when it contains chemicals derived from petroleum and contains no actual pineapple juice, a new class action lawsuit alleges.

New Yorker Janie Hawkins, the lead plaintiff in the lawsuit, who bought the soda numerous times thinking it was naturally flavored, is accusing the company of violating New York business laws, breaching warranty, and committing negligent misrepresentation and fraud.

In her lawsuit, she says that despite Coca-Cola’s claims the soda is made with “100% Natural Flavors” it contains the artificial flavor DL-Malic Acid, which is derived from petroleum products.

Coca-Cola Uses Cheap Substitute For Pineapple in Fanta, Claims Class Action

Hawkins says consumers would need a chemistry kit to know the malic acid in the ingredients list is artificial, as ripe pineapples contain high levels of naturally occurring malic acid.

“The Product could have used natural, L-Malic Acid, or more natural pineapple flavor. However, defendant used artificial DL-Malic Acid because it was likely cheaper or more accurately resembled natural flavors,” she alleges.

Regulations require Coca-Cola to disclose whether its characterizing piña colada flavor is from natural pineapples or coconuts or artificial, chemical sources, such as petroleum byproducts, Hawkins says in the class action. However, she adds, the company does not do so.

She also says that Coca-Cola adds oily citrus flavoring, sucroseacetate isobutyrate, and food starch to the drinks to give them the cloudy appearance of pineapple juice, when they contain none of the natural juice.

“The result is a beverage with not even one percent juice but with a physical appearance indicating it has some real pineapple and coconut.”

Hawkins says that had she known the truth, she would not have bought the flavored sodas or would have paid less than their $2.29 price tag.

She is suing on behalf of other New York consumers and seeks certification of the Class, damages, injunctive relief, legal fees and costs, and a jury trial.

Coca-Cola is currently battling other legal action, including class action lawsuits accusing  the company of taking advantage of their desire to buy environmentally-friendly products by falsely representing its plastic bottles as 100 percent recyclable.

Coca-Cola has asked a California federal court to dismiss the lawsuits, saying that neither the consumers or environmental group that filed the claims can prove they were harmed by the statement.

Let us know what you think of Coca-Cola’s alleged false advertising campaigns in the comments section below!

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The Coca-Cola Fanta False Ad Class Action Lawsuit is Hawkins v. The Coca-Cola Company, Case No. 7:21-cv-08788 in the U.S. District Court Southern District of New York White Plains.

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