Zico Coconut Water Class Action Challenges ‘No Sugar Added’ Label

A class action filed against the maker of Zico 100% Coconut Water alleges the product is deceptively labeled with “no sugar added” claims.

The complaint asserts that Zico Beverages LLC markets its coconut water as containing “no sugar added” when in fact “100% coconut water does not normally contain added sugars.”

The Zico coconut water class action lawsuit cites to regulations from the Food and Drug Administration (FDA) which hold that terms like “without added sugar” and “no sugar added” may only be used if “the food that it resembles and for which it substitutes normally contains added sugars.”

The FDA explains that “no added sugar” labels and advertising may be used to “differentiate between similar foods that would normally be expected to contain added sugars,” but should not be used when the label has no meaning.

The class action notes that over one-third of adults in the U.S. are obese, partly because of higher sugar consumption. The complaint argues that consumers have gotten more conscious of sugar intake, and Zico is trying “to profit from the public’s well-placed increasing focus on sugar consumption” with its misleading advertising.

In addition to violating FDA regulations, the class action asserts that the deceptive advertising also violates California’s Sherman Law (which incorporates Federal food advertising regulations) as well as California’s Consumers Legal Remedies Act.

Plaintiff Jason Reza states that he purchased Zico 100% Coconut Water after seeing the “no sugar added” advertising on the label.

Reza claims that the “No Sugar Added Label caused [him] to believe that the ZICO 100% Coconut Water was naturally sweetened, as opposed to other brands that have added sugar.” Reza would not have bought the coconut water otherwise, according to the complaint.

The class action contends that Zico’s coconut water label is misleading, and will cause consumers to believe that its product contains less sugar than its competitors when, in fact, “other brands of coconut water do not normally have added sugar.”

The deceptive marketing lawsuit requests certification of a Class of “[a]ll California residents who purchased one or more packages of ZICO 100% Coconut Water with a label and/or packaging stating ‘No Sugar Added’ at any time” in the last four year.

The class action is currently seeking an injunction from the court requiring Zico to change its marketing and engage in a corrective advertising campaign. But the complaint also states that “[u]pon Defendants’ failure to rectify or agree to adequately rectify the problems associated with the actions detailed above, Plaintiff will amend the Complaint to additionally seek damages, restitutionary relief, punitive damages,” and other remedies.

Reza 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 Jason Reza v. Zico Beverages LLC, et al., Case No. BC647064, in the Superior Court of the State of California, County of Los Angeles.