New York, NY: Coca-Cola Company and Coca-Cola Refreshments USA Inc. are facing a consumer fraud class action lawsuit alleging they violated federal and state laws by fraudulently and negligently making claims on its two-liter bottles and other packages that its products have "no artificial flavors. no preservatives added. since 1886."
According to the lawsuit, U.S. District Court for the Northern District of Illinois case number: 1:14-cv-01914 "This statement, as well as the entire premise of the Pemberton campaign, was false and misleadingÂ…In fact, Coca-Cola contains phosphoric acid. Phosphoric acid is both an artificial flavoring and a chemical preservative."
Filed by plaintiff Ronald Sowizrol, the lawsuit goes on to claim that Coca-Cola falsely represented that Coca-Cola is still made with the "original formula"devised by John Pemberton in 1886. "In fact, the composition of Coca-Cola has repeatedly changed over time,"the lawsuit states. "These changes have included, among other things, an increase in the amount of unhealthy ingredients like sugar and corn syrup and the addition of artificial ingredients like phosphoric acid."
Sowizrol claims that Coca-Cola knowingly and intentionally sold misbranded products to consumers with the intent to deceive. He alleges he purchased Coke, Diet Coke, Caffeine Free Coke and Sprite in 2-liter bottles, 20-ounce bottles and individual and various packages of 12-ounce cans and that all related containers failed to state that any ingredients are used as artificial flavoring or as a chemical preservative. Had he known, he claims he would not have purchased Coca-Cola products.
Sowizrol claims the defendants have violated the Illinois Food, Drug and Cosmetic Act by misbranding Coca-Cola products, and that Coca-Cola has been unjustly enriched by its unlawful and deceptive actions.
Sowizrol is seeking for an order certifying the case as a class action and for him and his counsel to represent the class; for an order awarding damages, restitution or disgorgement to the plaintiff and the class; for an order requiring the defendants to immediately cease and desist from selling Coca-Cola in violation of the law; and for punitive damages with pre- and post-judgment interest. He is being represented by Robert A. Clifford and Shannon Marie McNulty of Clifford Law Offices.
