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On Wednesday, an Ohio federal judge preliminarily approved a class action settlement over claims The Coca-Cola Co. and Energy Brands Inc. overstate the nutritional content of Vitaminwater, finding the companies’ plan to remove the allegedly misleading statements from the beverage labels is “fair, reasonable, and consistent with applicable laws.”
The Vitaminwater class action settlement will resolve several mislabeling class action lawsuits that were filed throughout the country in 2010. The plaintiffs allege Vitaminwater’s packaging and marketing deceives consumers into thinking the product is fortified with nutrients, when Vitaminwater is basically just a sugary beverage.
The Vitaminwater class action lawsuits alleged that the use of statements such as “vitamins + water = what’s in your hand,” “this combination of zinc and fortifying vitamins can … keep you healthy as a horse,” and “vitamins + water = all you need” is deceptive because the product contains nearly as much sugar as a regular Coke.
Coca-Cola and Energy Brands deny the allegations but agreed to settle the Vitaminwater class action lawsuit to avoid the expense and uncertainty of ongoing litigation.
In his decision to approve the Vitaminwater class action settlement, U.S. District Judge Michael R. Barrett stated the deal was “negotiated, and consented to, on behalf of the parties, with the assistance of this Court, and resolves the claims against the defendants arising out of the action as set forth in the settlement agreement.”
Judge Barrett certified five subclasses of residents of Florida, Illinois, Missouri, Ohio and the U.S. Virgin Islands who purchased the products within their home jurisdiction since Jan. 1, 2003.
The Vitaminwater class action settlement does not provide monetary relief to Class Members; however, it does provide significant injunctive relief. Specifically, the defendants have agreed to remove the allegedly misleading statements from the Vitaminwater products and state the amount of calories per bottle. While the companies are not prohibited from continuing to advertise Vitaminwater as an “excellent source” of certain nutrients, they must direct consumers to “see nutrition facts for more detail” in a bolded statement immediately beneath the panel.
A final approval hearing for the Vitaminwater class action settlement has been scheduled for Dec. 2, 2014.
The Vitaminwater settlement documents indicate that a settlement website will be established within 15 days. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.
The plaintiffs are represented by Richard S. Wayne and Joseph J. Braun of Strauss Troy Co. LPA; Brian T. Giles of Statman Harris & Eyrich LLC, Aashish Y. Desai of Desai Law Firm PC; Scott Ferrell of Newport Trial Group; William C. Wright of the Wright Law Office PA; J. Russell Pate of the Pate Law Firm; and Christopher Shank of Shank & Hamilton PC.
The Vitaminwater Deceptive Marketing Class Action Lawsuit is David Volz, et al. v. The Coca-Cola Company, et al., Case No. 1:10-cv-00879, in the U.S. District Court for the Southern District of Ohio.
UPDATE : Details about the Vitaminwater class action settlement are now available!
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23 thoughts onVitaminwater Deceptive Marketing Class Action Settlement Approved
Oh, you’d like a claim form?
And you would like one also? And you too? Everyone?
PLEASE READ THE ARTICLE:
An Ohio federal judge preliminarily approved the Vitaminwater class action settlement on Sept. 24, 2014. The final fairness hearing will be held on Dec. 2, 2014.
In summary::::wait until Dec. 2nd.
There is your claim form.
Thank you.
This absolutely makes me angry! I’m not supposed to have sugar & have been drinking this water for several years. I did not know this was a “corrupta corrupta” brand or I would have never picked it up!
Id like a claim form
I agree Jeff. Some people are just way too lazy to read the whole article. PEOPLE. THERE IS NO MONETARY RELIEF!!!!!!!!!!!!!!!!
It’s people like them that ruin it for the honest folks!
It really doesn’t matter at all what these people do or not do for a living. Life is a game. We are the creator & master of our own destiny. Do not judge, lest you be judged in the same light.
The claim that “We are the … master of our own destiny” isn’t completely true for a convicted drug dealer with ADD. Such a person is unemployable, nearly prohibited from renting a home (would you rent to, or hire, such a person), and the person is prohibited by federal law from obtaining federal student loans. Once this type of person leaves prison, is this person the true master of his/her own destiny? No. Society and congress are the masters of this person’s destiny. The person is just along for the ride.
Claim form please
Can I please have a claim form
I laugh my butt off when I see you folks saying, ” I WANT MY CLAIM FORM”
Tell the truth, you want something for nothing like you are use to getting and 99% of you have never used these products in your life,, and are just filling out the forms to get the money.
If the truth was known you are on welfare, don’t have a job, and get medicaid.
Now for me to tell the truth,, I don’t really blame you if you are a single mother trying to raise kids, or have some sorry husband or boyfriend that doesn’t want to support his kids and you got to do what you got to do.
As far as you men go,, unless you are using these funds to support your kids and buy them food and clothes,,then you are about as sorry as a fat woman who claims to have fibromyalgia just to get drugs and medicaid.
Jeff, might you consider the placement of your head, in the part of your anatomy, where the sun don’t shine. Oh, excuse me, your head already appears to be permanently attached to it, he he!
I would like a claim form.
I would like to receive a claim form please.
Can I received a claim form