Los Angeles, CA: The Coca-Cola Company and Energy Brands Inc. have reached a preliminary approval of a settlement agreement in a consumer fraud class action lawsuit concerning the labeling and marketing of Glaceau vitaminwater brand beverages, Volz v. The Coca-Cola Company in the United States District Court for the Southern District of Ohio.
The plaintiffs brought the lawsuit for alleged deceptive labeling and marketing of the vitaminwater product. The Coca-Cola Company and Energy Brands deny the allegations of deceptive labeling and marketing, but have agreed to the settlement to resolve the class action.
Under the proposed settlement terms, the companies will state the amount of calories per bottle of the product on the front label; will place in bold type the reference "see nutrition facts for more detail" on the front label of the product; and will refrain from making certain statements on the product's labeling and marketing regarding the product and the effect of the product on the structure and function of the body.
The settlement applies to residents of the States of Florida, Ohio, Illinois, and Missouri, and the U.S. Virgin Islands who purchased vitaminwater brand beverages from January 1, 2003 to September 25, 2014 in those jurisdictions. Additional information, including the deadline for submitting any objections to the settlement, is available at http://www.vitaminwaterclassactionsettlement.com.
About Energy Brands Inc. Energy Brands, also doing business as Glaceau, is a privately owned subsidiary of The Coca-Cola Company based in New York that manufactures and distributes various lines of enhanced water including vitaminwater brand beverages. The company was acquired by The Coca-Cola Company in May 2007.
The final settlement hearing is scheduled for December 2, 2014.
