Los Angeles, CA: A consumer fraud class action lawsuit has been filed against the Coca-Cola Co. in California federal court alleging that the labelling on its Minute Maid Pomegranate Blueberry 100% Fruit Juice Blend falsely claims that the juice boosts brain power.
Filed by plaintiff Tom Brown, the lawsuit claims that Coca-Cola is in violation of California' unfair competition law and Consumers Legal Remedies Act because it states on the juice labeling that five nutrients in the juice "support"the brain. According to the lawsuit, there is strong scientific evidence that algal DHA, an omega-3 fatty acid, one of the nutrients in the juice, does not support the brain. Further, even if algal DHA did support the brain, the amount contained in the juice is too small to have an effect.
In the lawsuit, Brown alleges that between 2011 and 2014 he purchased several bottles of the juice for approximately $3.50 per bottle. He did so believing the claims on the product' labels that states its 50 mg of algal DHA, choline, Vitamin B12, Vitamin C and Vitamin E support the brain.
"Had [Browne] known the truth about [Coca-Cola'] misrepresentations, he would not have purchased the products,"the complaint said. "Each and every consumer who purchases the product is exposed to [Coca-Cola'] deceptive brain support representation, which appears prominently and conspicuously on the front of the product' packaging."
On the front of the juice' package, the label prominently states "Omega-3/DHA & 4 nutrients to Support Brain & Body."The back of the label also states, "DHA is a key building block in the brain,"in addition to claims that the four other nutrients support the brain.
Additionally, the suit notes that Coca-Cola promotes the false claims of "brain power support"by the five nutrients in the juice through a national marketing and advertising campaign.
Browne alleges that five randomized controlled trials involving the same algal DHA in the juice found no causative link between DHA algal supplementation and brain support. Further, the trials, funded by the manufacturer of the juice' DHA, found no link to brain support even though much higher doses of DHA were used in the trials, the complaint states.
"Thus, the overwhelming weight of scientific evidence is that DHA supplementation does not support the brain,"the complaint states. Browne claims that Coca-Cola has reaped enormous profits from its false marketing and sale of the juice, and seeks injunctive and monetary relief for the proposed class.
Browne seeks to represent a class of consumers in California who purchased the juice, or alternatively, consumers who bought the juice in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington, according to the complaint.
Browne is represented by Patricia N. Syverson, Elaine A. Ryan and Lindsey M. Gomez-Gray of Bonnett Fairbourn Friedman & Balint PC and Stewart M. Weltman of Stewart M. Weltman LLC.
The case is Browne v. The Coca-Cola Co, case number 3:14-cv-02687 in the U.S. District Court for the Southern District of California.
