A piña colada is a cocktail made from rum, cream of coconut or coconut milk, and pineapple juice, but it’s also a flavor of soft drink from the Coca-Cola Company’s Fanta brand. Fanta claims its Piña Colada Soda is made with “100% Natural Flavors,” but the complaint for this class action alleges that that claim is misleading because the drink “has no appreciable amount” of pineapple or coconut.
The New York Class for this action is all persons in New York who bought the product during the applicable statutes of limitations.
Pages 1 and 2 of the complaint show pictures of the Piña Colada drink bottle, bearing the claim to have “100% Natural Flavors,” along with images of a half of a coconut and a piece of pineapple. Marketing images also depict pineapples and coconuts.
These days, consumers prefer to buy products that use natural flavors and avoid synthetic one, because they believe that synthetic ingredients are bad for their health and for the environment.
The complaint alleges, “Federal and identical state regulations prohibit false and deceptive identification of the source of a food or beverage’s characterizing flavors.” This means that food and drink labels must disclose whether the flavors are from the fruits shown on the labels, from other fruits, or from artificial sources, the complaint claims.
Page 4 of the complaint shows an image of the product’s ingredient label, which shows flavoring ingredients “Natural Flavor” and “Malic Acid.”
Malic acid comes in two forms, L-malic acid and D-malic acid. L-malic acid is found naturally in fruits. It provides a tart taste. But D-malic acid is not natural. The complaint alleges that D-malic acid is most commonly found in the form of DL-malic acid, “which is commercially made from petroleum products.”
According to the complaint, “[t]he quality and ideal taste of pineapple is determined by the balance of acid to sugar content.” It also says, “Based on laboratory analysis, the Product contains DL-Malic Acid to improve its tart and fruity taste.”
The complaint contends, “The Product could have used natural, L-Malic Acid, or more natural pineapple flavor.” Instead, it used the artificial malic acid.
The complaint alleges, “DL-Malic Acid could function as a flavor enhancer or PH balancer if the flavor imparted by malic acid [were] not a core component of pineapple.” However, DL-malic acid “enhances and simulates” the piña colada taste, which derives partly from pineapple.
The complaint alleges that the product misleads consumers by telling them the taste of the product comes exclusively from natural flavors. However, the lower left corner of the front label admits, “Piña Colada Flavored Soda With Other Natural Flavors.”
The drink also has a cloudy appearance, which the complaint claims is from citrus flavoring and sucroseacetate iso butyrate. The complaint alleges, “The result is a beverage with not even one percent juice but with a physical appearance indicating it has some real pineapple and coconut.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Fanta Piña Colada Soda Contains Synthetic Flavoring New York Complaint
October 28, 2021
A piña colada is a cocktail made from rum, cream of coconut or coconut milk, and pineapple juice, but it’s also a flavor of soft drink from the Coca-Cola Company’s Fanta brand. Fanta claims its Piña Colada Soda is made with “100% Natural Flavors,” but the complaint for this class action alleges that that claim is misleading because the drink “has no appreciable amount” of pineapple or coconut.
Fanta Piña Colada Soda Contains Synthetic Flavoring New York ComplaintCase Event History
Fanta Piña Colada Soda Contains Synthetic Flavoring New York Complaint
October 28, 2021
A piña colada is a cocktail made from rum, cream of coconut or coconut milk, and pineapple juice, but it’s also a flavor of soft drink from the Coca-Cola Company’s Fanta brand. Fanta claims its Piña Colada Soda is made with “100% Natural Flavors,” but the complaint for this class action alleges that that claim is misleading because the drink “has no appreciable amount” of pineapple or coconut.
Fanta Piña Colada Soda Contains Synthetic Flavoring New York Complaint