Zico Class Action Says ‘No Sugar Added’ Label is Misleading

A second class action was filed against Zico Beverages alleging that the “no sugar added” label included on their coconut water misleads consumers.

Lead plaintiff Carlos Barrios says Zico Coconut Water actually contains added sugar, but the producer deceptively includes a “no sugar added” label on the product’s packaging.

The plaintiff contends that he and other consumers were duped into buying the beverage by the alleged mislabeling.

A similar class action lawsuit was filed earlier this year in California state court by another plaintiff. Along with damages, that plaintiff is seeking an injunction against Zico’s “No Sugar Added” marketing campaign.

“In the United States more than one-third of adults are obese, and approximately seventeen percent of children and adolescents are obese. The obesity epidemic has been fueled, in part, by increased consumption of foods high in sugar. Obesity and excess sugar consumption, in turn, have been linked to a variety of health problems, including, but not limited to, heart disease, tooth decay and diabetes,” the Zico class action states. “As a result, consumers have become increasingly sugar conscious and attach importance to the statement ‘No Sugar Added’ on the labels of food products.”

The plaintiff alleges that Zico violates federal Food and Drug Administration regulations as well as California state law.

“[T]he FDA has stated that, ‘[i]n implementing the guidelines, the purpose of the ‘no added sugar’ claim is to present consumers with information that allows them to differentiate between similar foods that would normally be expected to contain added sugars, with respect to the presence or absence of added sugars,’” notes the plaintiff in the class action complaint.

According to the class action, Zico Coconut Water does not adequately resemble foods that would normally contain added sugar, like orange juice. Additionally, alleges the plaintiff, Zico Coconut Water actually contains sugar.

“As a result of their reliance on Defendant’s unlawful sugar-content labeling claims, Plaintiff and Class Members have suffered an ascertainable loss of money, including, but not limited to, out of pocket costs incurred in purchasing the Zico Coconut Water,” says Barrios. “Further, as a result of its deceptive marketing and unfair competition with other similar manufacturers and brands, Zico Beverages LLC realized sizable profits.”

The plaintiff in this Zico class action lawsuit is seeking to represent a nationwide Class of consumers who purchased Zico Coconut Water with the “no sugar added” label. The plaintiff also wants to represent two California subclasses.

Barrios is represented by Lee A. Cirsch, Robert K. Friedl and Trisha K. Monesi of Capstone Law APC.

The Zico Coconut Water “No Sugar Added” Class Action Lawsuit is Carlos Barrios v. Zico Beverages LLC, Case No. 2:17-cv-01712, in the U.S. District Court for the Central District of California.