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A federal judge has recommended the certification of two proposed classes in a class action lawsuit accusing Coca-Cola Co. of deceptively marketing its Vitaminwater beverage. The members of the class action lawsuit are seeking an injunction to prevent Coca-Cola from calling the product Vitaminwater, because the name misleads consumers into believing the beverage is healthy.
The Vitaminwater class action lawsuit consists of two classes of consumers in New York and California. These consumers accuse Coca-Cola of deceptively promoting its Vitaminwater beverage as a healthier alternative to water and soft drinks. The beverage container contains a three-part label that indicates the amount of sugar and vitamins included in the drink. While the label complies with U.S. Food & Drug Administration (FDA) labeling requirements, the plaintiffs argue that Coca-Cola relies on deceptive advertising to convince consumers that Vitaminwater has significant health benefits.
The plaintiffs in the Vitaminwater class action lawsuit allege that the product name, description and slogans are designed to convince consumers that Vitaminwater is fortified with nutrients and minerals. In reality, they argue, Vitaminwater is just a sugary soda. They claim that these labels, which include slogans such as “vitamins + water = all you need,” are designed to “mislead customers to believe that vitaminwater is simply water fortified with nutrients that will provide certain stated health benefits rather than just another sugary soft drink.”
The plaintiffs allege that they paid a premium for Vitaminwater because they believed it to be a healthier alternative to sugary soft drinks. In their class action lawsuit, they claim that the name “Vitaminwater” implies that the beverage consists primarily of vitamins and water. Further, the product’s descriptions and slogans support this belief. Coca-Cola’s claims that Vitaminwater is a “nutrient enhanced water beverage” and “vitamins + water = what’s in your hand” imply that the product is healthy.
The defendants in the class action lawsuit argue that the individual members of the proposed class have differing reasons for purchasing Vitaminwater, making class-action status inappropriate for these claims. Further, reasonable consumers have differing opinions about what constitutes a healthy beverage, they argue. While some consumers may wish to cut down on sugar intake, others are satisfied to add extra vitamins to their diet while consuming a sugary drink.
While U.S. Magistrate Judge Robert M. Levy found that the plaintiffs in the Vitaminwater class action lawsuit met the requirements to seek injunctive relief, they failed to meet the requirements to seek financial relief. He says that losses must be addressed individually.
The New York class includes all New York residents who purchased Vitaminwater since January 20, 2003. The California class includes all California residents who purchased Vitaminwater since January 15, 2005.
The plaintiffs are represented by Michael R. Reese of Reese Richman LLP, Deborah Clark-Weintraub of Scott and Scott LLP and Stephen Gardner of the Center for Science in the Public Interest.
The Vitaminwater Class Action Lawsuitis Betsheva Ackerman et al. v. Coca-Cola Co. et al., Case No. 1:11-md-02215, in the U.S. District Court for the Eastern District of New York.
UPDATE: An Ohio federal judge preliminarily approved the Vitaminwater class action settlement on Sept. 24, 2014. The final fairness hearing will be held on Dec. 2, 2014.
UPDATE 2: Details about the Vitaminwater class action settlement are now available!
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15 thoughts onJudge to Certify Vitaminwater Deceptive Advertising Class Action
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UPDATE 2: Details about the Vitaminwater class action settlement are now available!
UPDATE: An Ohio federal judge preliminarily approved the Vitaminwater class action settlement on Sept. 24, 2014. The final fairness hearing will be held on Dec. 2, 2014.
I buy vitamin water daily. Thinking I’m getting vitamins. Send me claim form or include me in lawsuit.
I am an avid drinker(acai-blueberry-pomegranate) of this product living in IL. Can I be included in this class action suit?