Fanta “100% Natural Flavors” Piña Colada Contains Synthetic Flavor Class Action

The Coca-Cola Company makes a piña colada-flavored soft drink under its Fanta brand that the front label states contains “100% Natural Flavors.” But the complaint for this class action alleges that this claim is “false, deceptive, and misleading” because the drink contains DL-malic acid, a synthetic ingredient that provides the flavors of pineapple and coconut that comprise a piña colada flavor.

Two classes have been proposed for this action:

• The Missouri Class is all persons in Missouri who bought the product during the applicable statutes of limitations.
• The Consumer Fraud Multi-State Class is all persons in Oklahoma, South Dakota, and North Dakota who bought the product during the applicable statutes of limitations.

Page 1 of the complaint shows a picture of three bottles of the piña colada product beside an inset enlargement of the front label showing the words, “Piña Colada” and “100% Natural Flavors” along with images of a half of a coconut and a slice of pineapple. Page 7 shows a similar enlargement of the front label beside an inset enlargement of the statement “Piña Colada Flavored Soda with Other Natural Flavors.”

These days, consumers prefer to buy drinks that contain only natural ingredients, particularly in the area of flavoring, the complaint alleges: “The representation that the product has ‘100% Natural Flavors’ appeals to the more than seven out of ten consumers who avoid artificial flavors, as these synthetic ingredients are believed to be associated with detrimental health and environmental effects.”

The complaint alleges that consumers accept the tastes of coconut and pineapple “based on their perceived sweetness and tartness, determined by their sugar-to-acid ratio.” In these two flavors, the complaint alleges, the two most predominant acids are citric acid and malic acid.

Page 8 of the complaint shows an image of the ingredient panel for the drink, listing both “Natural Flavors” and “Malic Acid.” However, the complaint alleges there are two types of malic acid—L-malic acid, which occurs naturally in many fruits, including pineapple and coconut, and D-malic acid, which is synthetic and normally found in a mixture of the two types called DL-malic acid.

The complaint alleges, “DL-malic acid is synthetically produced from petroleum in a high-pressure, high-temperature, catalytic process involving chemical reactions and reagents.”

The label does not tell consumers that the malic acid used in the product is the artificial type, the complaint claims, but this “was determined through laboratory analysis performed by accepted standards.” The complaint asserts that the product could have used the natural L-malic acid but chose to use the artificial kind “because it cost less and/or more accurately resembled the taste of pineapple and coconut.”

Because the DL-malic acid in the drink, and artificial ingredient, is crucial to providing the flavors of piña colada, pineapple, and coconut, the complaint contends, the “100% Natural Flavors” claim is “false and misleading.”

Article Type: Lawsuit
Topic: Consumer
Tags: All Natural Claims, Contains synthetic ingredients, Deceptive Advertising, Deceptive Labels