in Newswire Published on September 16, 2022

Fanta Dragon Fruit Soda Falsely Advertised as ‘Naturally Flavored,’ Class Action Claims

Smith v. The Coca-Cola Company

Filed: September 2, 2022 ◆§ 0:22-cv-61643

A class action claims Fanta dragon fruit-flavored soda contains an undisclosed artificial flavor, even though the beverage is labeled as “Naturally Flavored.”

Defendant(s)

The Coca-Cola Company

Law(s)

Magnuson-Moss Warranty Act Florida Deceptive and Unfair Trade Practices Act

State(s)

Florida

Categories

Food False Advertising Fraud Antitrust

A proposed class action lawsuit claims Fanta dragon fruit-flavored soda contains an undisclosed artificial flavor, even though the beverage is labeled as “Naturally Flavored.”

Per the 19-page suit, representations on the front label of the Fanta dragon fruit soda, including a statement that the drink contains “100% Natural Flavors,” are misleading given the product contains malic acid, an artificial flavoring agent.

Shoppers who view the Fanta soda’s front label reasonably expect that the drink’s dragon fruit taste comes from only natural components, and many consumers are willing to pay a premium price for a food that does not contain artificial flavors, the case says.

The lawsuit alleges that the product’s maker, The Coca-Cola Company, has sold more of the Fanta soda, and at higher prices, than it would have absent the allegedly misleading labeling.

According to the case, the Fanta dragon fruit soda’s ingredients list reveals that the beverage contains malic acid, a component of fruits that contributes to their sweet, sour or tart taste. Although malic acid occurs naturally in dragon fruit, laboratory testing has revealed that the variety in the Fanta soda is not naturally derived L-malic acid but a “mixture” known as DL-malic acid that is synthetically produced from petroleum, the lawsuit says.

Per the complaint, federal and state food labeling regulations require that when a product’s characterizing flavor—dragon fruit, in this case—is derived from an artificial flavoring agent, the front label must disclose that the food is artificially flavored.

The lawsuit looks to cover anyone in Florida, Alabama, New Mexico, Mississippi, Utah, Nebraska, South Carolina, Tennessee and Virginia who purchased the Fanta dragon fruit-flavored soda within the applicable statute of limitations period.

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