Class Action Challenges Label Representations of Fresca Sparkling Soda Waters

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A proposed class action alleges the Coca-Cola Company has misled consumers by implying that certain Fresca sparkling soda waters are free of added sweeteners and contain the fruit ingredients displayed on product labels.

According to the 11-page lawsuit, Fresca’s Black Cherry Citrus and Grapefruit Citrus sparkling waters are misleadingly marketed because consumers understand “sparkling soda water” to mean the drink is without artificial sweeteners, such as aspartame, or added flavorings, such as citric acid.

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Moreover, the suit contends that the products’ labels—particularly the images of grapefruits and cherries—lead consumers to expect that the fruits will be present in “non-negligible amounts.” The ingredients lists show, however, that the grapefruit Fresca variety contains only a very small amount of grapefruit juice, while the black cherry variety contains no cherry ingredients at all, the case alleges.

The complaint further argues that the presence of the sweetener aspartame in the Fresca products should be prominently displayed on the front label because the “absence of sugar and/or artificial sweeteners is a key feature of soda water.”

Additionally, the products’ front-label representations “attempt to disclaim the presence of any meaningful amount of grapefruit and cherry ingredients” through small messages in the bottom corners that read “Black Cherry Citrus Flavor With Other Natural & Artificial Flavors” and “Grapefruit Citrus Flavor With Other Natural Flavors,” the filing claims.

As displayed in the products’ ingredients lists, both varieties contain less grapefruit juice than they do the preservative citric acid, which is still only estimated to be about 0.6 grams, the lawsuit says.

After seeing the front label representations, the plaintiffs, residents of Illinois and Vermont, not only expected the presence of grapefruit and cherry ingredients in the Fresca products but also expected the citrus flavor to come from citrus ingredients rather than the additive citric acid, the suit charges.

Because of its allegedly misleading marketing tactics, Coca-Cola is able to sell the products at a premium price—a price the plaintiffs say they would not have paid had they known the Fresca products contained aspartame and lacked the title ingredients in any meaningful way, the case contends.

The lawsuit looks to represent anyone residing in Illinois, Vermont, Utah, North Dakota, Kansas, Mississippi, Arkansas, Alaska and South Carolina who purchased a Fresca Black Cherry Citrus and/or Grapefruit Citrus product during the statute of limitations period.

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