in Newswire Published on March 29, 2019

Class Action Challenges Health Claims of So Delicious Coconut Milk [UPDATE: DISMISSED]

Last Updated on August 29, 2019

Andrade-Heymsfield v. Danone Us, Inc.

Filed: March 29, 2019 ◆§ 3:19cv589

A lawsuit alleges that Danone markets its So Delicious Coconut Milk as being healthier than it really is in order to sell the product at a premium price.

Defendant(s)

Danone US, Inc.

Law(s)

California Business and Professions Code

State(s)

California

Update – August 28, 2019 – Lawsuit Dismissed After Court Finds Danone Followed FDA Guidelines

An amended version of the proposed class action against Danone US detailed on this page has been dismissed with prejudice.

U.S. District Court Judge Cathy Ann Bencivengo, in granting the defendant’s motion to dismiss, tossed the plaintiffs’ arguments that Danone’s claims – specifically, that its coconut milk has “nutrition in every sip,” aids “maximum calcium absorption” and is “naturally energizing” – are deceptive because the statements comply with FDA regulations. Judge Bencivengo wrote that a statement constitutes a health claim “only if it relates to a health-related condition.” General statements of health and wellness, known more specifically under FDA guidance as “structure/function” claims such as those at the heart of the lawsuit, are not considered health claims and are permitted by the FDA, the dismissal order states.

The dismissal of the plaintiffs’ allegations with regard to Danone’s structure/function claims notwithstanding, Judge Bencivengo expressed that the suit would have been dismissed anyway given the plaintiffs’ failure to effectively show that a reasonable consumer would likely be deceived by statements on the coconut milk’s label.

A proposed class action lawsuit filed in California alleges that Danone US, Inc. markets its So Delicious Coconut Milk as being healthier than it really is in order to sell the product at a premium price.

According to the complaint, the health food company sells several varieties of So Delicious Coconut Milk, including Original, Unsweetened, Chocolate, Vanilla, Unsweetened Vanilla and Sugar Free. The suit argues that the product’s packaging mischaracterizes the drink as being mainly composed of “good fats” when, in reality, coconut milk, regardless of flavor, is “essentially just coconut oil in water” and contains high levels of saturated fat that can lead to heart disease and other health problems.

Moreover, the lawsuit takes issue with the following statement included on the product’s label:

“Nutrition in every sip! Our delicious coconutmilk is a good source of calcium plus an excellent source of vitamin D – nutrients that help maintain healthy bones.”

The drink’s label communicates a “misleadingly simplistic message regarding what is necessary to maintain healthy bones,” the case charges. Coupled with the label’s various other health claims, the statement, the suit says, misrepresents So Delicious Coconut Milk as healthy when it contains “dangerous amounts” of saturated fat.

All told, the suit claims Danone uses “deceptive health and wellness claims” to trick consumers into paying more for So Delicious Coconut Milk than products of similar quality on the market.

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