Coca-Cola is facing a major class action lawsuit. Coca-Cola, in the lawsuit is called “entirely careless” in making “false statements” with “misleading representations” and made “intentional” omissions to market a product deceptively as all-natural, all while it contains toxic hazardous chemicals. The lawsuit claims Coca-Cola’s “conduct showed malice, motive, and the reckless disregard of the truth.”
One of its longtime brands, Minute Maid, owns Simply Tropical fruit juice. The popular brand produces a variety of juices, orange juice, lemonade, cranberry juice and others. Coca-Cola has been accused of consumer fraud in the lawsuit, marketing a product claiming to be “pure” and all-natural allegedly has contamination with toxic levels of PFAS at levels hundreds of times above federal advisory limits.
PFAS are called “forever chemicals” because they are unnatural man made chemicals that take an extremely long time to break down and degrade. They leech into the soil and drinking water. Thousands of synthetic chemicals are classified as PFAS, they are generally heat, stain, or water resistance chemicals. An infamous PFA is teflon, the chemical once popularly used to make non-stick pans. PFAS are extremely dangerous and carcinogenic, causing a variety of diseases and sicknesses.
PFAS stands for per- and polyfluoroalkyl substances. The most studied PFAS are PFOA and PFOS, they belong to the same chemical group and all have extremely negative health effects. In August of 2022, the EPA issued a proposal to designate the two most widely used PFAS as hazardous substances. The EPA is planning to propose new drinking water regulations for PFOS and PFOAS by the end of 2023. The EPA wants the advisory limit for PFAS to be as close to zero as possible. The interim advisory limit for PFOA is 0.004 ppt (parts per trillion) and the interim limit for PFOS is 0.02 ppt.
The class-action lawsuit against Coca-Cola claims third-party testing found dangerous levels of PFOA and PFOS chemicals in Simply juice products. The lawsuit complaint states that Simply Tropical juice, “which is prominently labeled as an ‘All Natural’ juice drink. In reality, Plaintiff’s testing has revealed that the Product contains per- and polyfluoralkyl substances (“PFAS”), a category of synthetic chemicals that are, by definition, not natural.”
The class-action lawsuit claims Coca-Cola is fraudulently marketing a product as “natural” while it is contaminated with hazardous synthetic chemicals. “Defendants have engaged in tireless marketing efforts [sic] convince consumers that its Simply beverages, including the Product at issue, are made with simple ingredients that are ‘naturally delicious.’”
The lawsuit says Coca Cola is well aware of the importance of marketing and product labeling, “The Coca-Cola Company knows the importance of marketing and labeling.” The complaint alleges that Coke’s use of the word Simply “is intentionally designed to drive sales and increase profits by targeting health-conscious consumers who reasonably believe that the Product is all-natural and therefore free from synthetic or artificial ingredients which are known to be harmful to human health.”
The suit says that Coca Cola dishonestly does not disclose that the product contains PFAS, “The Product does not disclose the presence of PFAS—or any other synthetic chemical—in their ingredients. Rather, Defendants claim the only ingredients are filtered water, fruit juice and puree, cane sugar, and natural flavors.”
The suit points out a product label on the juice that says, “With Simply Tropical, the difference is clear. Clear enough that you can see the all-natural ingredients inside. Because with Simply, there’s nothing to hide.” Simply sells its juice in clear plastic bottles, adding another layer to its “clear” theme of marketing.
The complaint states, “Plaintiff sought independent third-party testing to determine whether the Product contained PFAS chemicals.” The testing “revealed the Product contains PFOA and PFOS in amounts more than 100 times the EPA’s recommended levels.”
The lawsuit was filed in the southern district of New York and asks for monetary compensation for 100 or more members in the class-action lawsuit.
A Coca-Cola spokesperson said in response to questions about the suit, “We stand by the quality of our products.”