Don’t you wanna, wanna another false advertising suit involving a “100% natural” claim? Last week, a New York federal court dismissed a suit over assertions that Fanta’s pina colada-flavored drink is 100% naturally flavored.
Specifically, Plaintiffs filed suit in October 2021 against the The Coca-Cola Co. claiming its pina colada-flavored Fanta drink’s “100% natural” labeling is false, deceptive, and misleading because the product contains artificial ingredients. The court said consumers’ allegations were “bare” and “unsubstantiated,” lacking factual support.
The complaint alleges that the pina colada-flavored drink represents on the label as containing “100% Natural Flavors” with the claim sitting above pictures of half a coconut a wedge of pineapple. Because of these representations, Plaintiff said, “consumers expect only natural flavors, because that’s what the label says.”
The suit claimed the product actually contains artificial flavoring “to help make the product taste tart and fruity, like the pictured fruits taste naturally,” as well as “to create, enhance, simulate, and/or reinforce the sweet, fruity, and tart taste that consumers associate with the pictured fruits.” Specifically, the allegations include that the product contains artificial malic acid rather than natural malic acid.
The Court determined that the suit failed to allege that a reasonable consumer would be misled by the product’s label, stating that the Plaintiff makes bare, unsubstantiated allegations about the possibility that the product contains artificial malic acid, without additional factual support from product testing.
The opinion states, “Even taking the allegations as true—as this Court must—at a motion to dismiss, the allegations in the instant Complaint are a far cry from raising ‘any factually substantiated allegations’ that the Product contains artificial malic acid, rather than natural malic acid.” The suit was dismissed with prejudice.
Check out some other “natural” claim suit examples, including those involving a fruit punch water enhancer product, chicken, toothpaste, and potato chips.
Janie Hawkins v. the Coca-Cola Co., case number 7:21-cv-08788, in the U.S. District Court for the Southern District of New York.
"Even taking the allegations as true—as this Court must—at a motion to dismiss, the allegations in the instant Complaint are a far cry from raising ‘any factually substantiated allegations’"
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