Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 1 of 27
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`SHUB LAW FIRM LLC
`Jonathan Shub (CA Bar No. 237708)
`Kevin Laukaitis*
`134 Kings Hwy E Fl 2
`Haddonfield, NJ 08033
`T: (856) 772-7200
`jshub@shublawyers.com
`klaukaitis@shublawyers.com
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`Attorneys for Plaintiff and the Proposed Class
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`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`Kyla Tapia, individually and on behalf of all
`others similarly situated,
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`Case No. 4:22-cv-01362-HSG
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`Plaintiff,
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`
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`- against -
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`First Amended
`Class Action Complaint
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`The Coca-Cola Company,
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`Defendant
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`Jury Trial Demanded
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`Plaintiff Kyla Tapia (“Plaintiff”), by attorneys, alleges upon information and belief, except
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`for allegations pertaining to Plaintiff, which are based on personal knowledge:
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`1.
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`The Coca-Cola Company (“Defendant”) manufactures, distributes, markets, labels,
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`and sells berry flavored carbonated beverages purporting to have “100% Natural Flavors” under the
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`Fanta brand (the “Product”).
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`FIRST AMENDED
`CLASS ACTION COMPLAINT
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 2 of 27
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`FACTUAL ALLEGATIONS
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`I.
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`CONSUMER DEMAND FOR NATURAL FLAVORS
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`2.
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`Consumers are increasingly concerned about the ingredients added to what they eat
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`and drink.
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`3.
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`Surveys have shown that consumers are less likely to buy beverages, even sodas,
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`which have artificial ingredients.
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`4.
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`Within the spectrum of artificial ingredients, consumers are especially focused on,
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`and seek to avoid, artificial flavors, and seek products with only natural flavors.
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`5.
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`The representation that the Product has “100% Natural Flavors” appeals to the more
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`than seven out of ten consumers who avoid artificial flavors, as these synthetic ingredients are
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`believed to be associated with detrimental health and environmental effects.
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`6.
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`Natural flavor is defined as “essential oil, oleoresin, essence or extractive, protein
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`hydrolysate, distillate, or any product of roasting, heating or enzymolysis, which contains the
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`flavoring constituents” from fruits or vegetables, “whose significant function in food is flavoring
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`rather than nutritional.” 21 C.F.R § 101.22(a)(3).
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`7.
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`Artificial flavor is defined as “any substance, the function of which is to impart
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`flavor, which is not derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible
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`yeast, herb, bark, bud, root, leaf or similar plant material, meat, fish, poultry, eggs, dairy products,
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`or fermentation products thereof.” 21 C.F.R § 101.22(a)(1).
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`8.
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`According to the Wall Street Journal, “As consumer concern rises over artificial
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`ingredients, more food companies are reconstructing recipes” to remove artificial flavors. 1
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`9.
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`According to Paul Manning, chief executive officer and president of Sensient
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`Technologies, “Consumer desire for naturally flavored products is an emerging trend.” 2
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`10.
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`Explanations for why consumers prefer foods containing natural, instead of artificial
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`flavors, are varied.
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`11.
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`A recent survey reported that over 82% of US respondents believe that foods with
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`1 Lauren Manning, How Big Food Is Using Natural Flavors to Win Consumer Favor, Wall Street Journal.
`2 Keith Nunes, Using natural ingredients to create authentic, fresh flavors, Food Business News, Sept. 20, 2018.
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 3 of 27
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`artificial flavors are less healthy than those promoted as containing natural flavors and/or not
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`containing artificial flavors.
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`12.
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`Consumers seek to avoid artificial flavors because they are weary of ingredients
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`which are highly processed with chemical additives and synthetic solvents in laboratories.
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`13.
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`According to Nielsen, the absence of artificial flavors is very important for over 40%
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`of respondents to their Global Health & Wellness Survey.
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`14.
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`One scholar theorized “the preference for natural products appeals to a moral
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`ideology and offers a moral satisfaction.”3
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`15.
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`The trade journal, Perfumer & Flavorist, described “The Future of Artificial Flavors
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`10
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`& Ingredients” as bleak, given consumer opposition to these synthetic ingredients.4
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`16. Mintel announced that consumer avoidance of artificial flavors is just as strong as
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`their desire for natural flavors, in its Report, “Artificial: Public Enemy No. 1.”5
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`17.
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`18.
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`About half of Americans say they seek out natural flavors at least some of the time.
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`In contrast, artificial flavors were sought out by only about one in 10 consumers,
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`with approximately half saying they avoid each of them at least some of the time.
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`19.
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`20.
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`21.
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`22.
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`Nielsen reported that 62% of consumers try to avoid artificial flavors.
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`New Hope Network concluded that 71% of consumers avoid artificial flavors.
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`Label Insight determined that 76% of consumers avoid artificial flavors.
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`A recent survey shows more than three in four people worldwide are convinced that
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`artificial flavors have no place on their ingredient lists.6
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`21
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`23.
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`According to Forbes, 88% of consumers consider foods without artificial flavors to
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`be more natural and healthier than foods with artificial flavors and would pay more for such foods.
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`3 Rozin, P., Spranca, M., Krieger, Z., Neuhaus, R., Surillo, D., Swerdlin, A., & Wood, K. (2004). Preference for natural:
`Instrumental and ideational/moral motivations, and the contrast between foods and medicines. Appetite, 43(2), 147–
`154. doi:10.1016/j.appet.2004.03.005.
`4 Jim Kavanaugh, The Future of Artificial Flavors & Ingredients, Perfumer & Flavorist, June 12, 2017.
`5 Alex Smolokoff, Natural color and flavor trends in food and beverage, Natural Products Insider, Oct. 11, 2019; Thea
`Bourianne, Exploring today’s top ingredient trends and how they fit into our health-conscious world, March 26-28,
`2018; Nancy Gagliardi, Consumers Want Healthy Foods – And Will Pay More For Them, Forbes, Feb 18, 2015.
`6 What ‘Natural’ Really Means to Consumers GNT Group’s Guide to Global Consumer Demands attests importance of
`natural colors for future-proof products, July 13, 2017.
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 4 of 27
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`II.
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`FLAVORING REPRESENTED AS ONLY COMING FROM NATURAL FLAVORS
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`24.
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`Defendant markets the Product with the prominent statement, “100% Natural
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`Flavors” above the word “Berry,”
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`25.
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`The front label contains a picture of five blueberries, a raspberry with its stem and
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`leaves and two red droplets purporting to be from raspberry.
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`26.
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`These representations reinforce to consumers that the Product will get its taste from
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`only natural flavoring ingredients.
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`27.
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`Though the ingredients include “Natural Flavors,” they also include “Malic Acid.”
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 5 of 27
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`CARBONATED WATER, HIGH FRUCTOSE CORN SYRUP, NATURAL
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`FLAVORS, CITRIC ACID, SODIUM CITRATE, MALIC ACID, POTASSIUM
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`SORBATE AND SODIUM BENZOATE (TO PROTECT TASTE), BLUE 1.
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`28.
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`The Product contains almost as much malic acid than natural flavors, as the former
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`is the third listed ingredient while the latter is sixth, reflecting their order of predominance.
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`29.
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`Federal and identical state regulations require ingredients to be designated by their
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`specific name instead of their generic name. 21 C.F.R. § 101.4(b).
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`30.
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`The label only lists “Malic Acid,” the generic name for this ingredient, even though
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`its specific name is “DL-Malic Acid.”
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`31.
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`The ingredient list does not disclose that this malic acid is an artificial flavoring
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`ingredient which provides flavoring to the Product.
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`III. MALIC ACID
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`32.
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`A flavor is a substance the function of which is to impart taste. See 21 C.F.R. §
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`101.22(a)(1) and (3).
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`33.
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`Taste is the combination of sensations arising from specialized receptor cells located
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`in the mouth.7
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`34.
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`35.
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`true.
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`Taste can be defined as sensations of sweet, sour, salty, bitter, and umami.
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`However, limiting taste to five categories suggests that taste is simple, which is not
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`36.
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`For example, the taste of sour includes the sourness of vinegar (acetic acid), sour
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`7 Gary Reineccius, Flavor Chemistry and Technology § 1.2 (2d ed. 2005).
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 6 of 27
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`milk (lactic acid), lemons (citric acid), apples (malic acid), and wines (tartaric acid).
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`37.
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`38.
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`compounds.8
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`Each of those acids is responsible for unique sensory characteristics of sourness.
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`Fruit flavors are the sum of the interaction between sugars, acids, and volatile
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`39.
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`Sweetness and tartness are important contributors to the states and flavor perception
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`of blueberries and raspberries.9
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`40.
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`The quality and overall consumer acceptability of blueberries and raspberries is
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`based on their perceived sweetness and tartness, as well as their flavor perception, balance, and
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`overall consumer acceptability, which is determined by their sugar to acid ratio.
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`41.
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`Consumer acceptability of the flavor of blueberries and raspberries are based on their
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`perceived sweetness and tartness, determined by their sugar to acid ratio.
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`42.
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`Sugars, mainly glucose and fructose, and their ratio to acids, such as citric and malic
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`acid, determine the sweetness of fruits.
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`43.
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`Fruit
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`The table below shows the acid composition of numerous fruits.
`Table I. Acids Naturally Present in Fruits
`Predominant Acid
`Malic Acid (95%*)
`Apple
`Malic Acid (70%*)
`Apricot
`Citric Acid
`Blueberry
`Malic Acid (94%*)
`Cherry
`Malic Acid (60%*)
`Grape
`Citric Acid
`Grapefruit
`Citric Acid
`Guava
`Citric Acid
`Lime, Lemon
`Citric Acid
`Mango
`Citric Acid
`Orange
`Malic Acid (73%*)
`Peach
`Malic Acid (77%*)
`Pear
`Citric Acid
`Pineapple
`Citric Acid
`Raspberry
`Citric Acid
`Strawberry
`Tartaric Acid
`Tamarind
`Malic Acid (99%*)
`Watermelon
`*% of the total acid in the fruit
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`Secondary Acids
`Tartaric Acid, Fumaric Acid
`Citric Acid, Tartaric Acid
`Malic Acid, Quinic Acid
`Tartaric Acid
`Tartaric Acid
`Malic Acid
`Malic Acid
`Malic Acid
`Malic Acid, Tartaric Acid
`Malic Acid
`Citric Acid
`Citric Acid
`Malic Acid
`Malic Acid, Tartaric Acid
`Malic Acid, Tartaric Acid
`Citric Acid, Malic Acid
`Fumaric Acid
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`8 Y.H. Hui, et al., Handbook of Fruit and Vegetable Flavors, p. 693 (2010).
`9 Y.H. Hui, et al., Handbook of Fruit and Vegetable Flavors, p. 693 (2010).
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 7 of 27
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`44.
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`Though citric acid is the predominant acid in blueberries and raspberries, malic acid
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`is most responsible for the unique tart taste of these berries.
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`45. Malic acid is estimated to comprise one-third of the total acids in blueberries and
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`raspberries.
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`46. Malic acid contributes and enhances the fruity, sweet and sour taste of these fruits.
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`IV. CHEMICAL STRUCTURE OF MALIC ACID
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`47. Malic acid (molecular formula C4H6O5) is the common name for 1-hydroxy-1, 2-
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`ethanedicarboxylic acid.
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`48. Malic acid has two isomers, or different arrangements of atoms in the molecule, L-
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`malic acid, and D-malic acid. 21 C.F.R. § 184.1069.
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`49.
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`An isomer is a molecule sharing the same atomic make-up as another but differing
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`in structural arrangements.10
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`50.
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`Stereoisomers contain different types of isomers, each with distinct characteristics
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`that separate each other as different chemical entities with different chemical properties.
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`51.
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`Stereoisomers differ from each other by spatial arrangement, meaning different
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`atomic particles and molecules are situated differently in any three-dimensional direction by even
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`one degree.
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`52.
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`An enantiomers is a type of stereoisomer that is a mirror-image and cannot be
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`superimposed.
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`53.
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`54.
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`below.
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`Enantiomers are like right and left-hand versions of the same molecular formula.
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`D-Malic Acid and L-Malic Acid are enantiomers, with their skeletal formulas shown
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`10 Dan Chong and Jonathan Mooney, Chirality and Stereoisomers (2019).
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 8 of 27
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`55.
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`L-Malic Acid occurs naturally in various fruits, such as those pictured on the
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`Product’s front label, and is known for providing sweetness and tartness, among other flavors.
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`56.
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`57.
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`D-Malic Acid does not occur naturally.
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`D-Malic Acid is most commonly found as a racemic mixture of the D isomer and L
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`isomer, DL-Malic Acid, which is commercially made from petroleum products.
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`V.
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`ADDITION OF DL-MALIC ACID
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`58.
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`Adding DL-Malic Acid to a solution of natural flavorings containing L-Malic Acid
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`changes the concentration of malic acid in the solution and the ratio of total malic acid to sugars in
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`that solution.
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`59.
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`Natural sugars – like glucose, fructose, and sucrose – combined with artificial DL-
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`Malic Acid in a ratio engineered to resemble the natural chemical combination of sugar and L- Malic
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`Acid found in the characterizing berry fruit flavors of the Product is not equivalent to the natural
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`flavor of those characterizing fruits and flavors.
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`60.
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`A natural chemical combination of sugar and L-Malic Acid, altered by adding
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`artificial DL-Malic Acid, is no longer equivalent to the original chemical combination of sugar and
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`L-Malic Acid, and therefore no longer the natural flavor of those fruits.
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`61.
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`Defendant includes DL-Malic Acid to help make the Product taste tart and fruity,
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`like the pictured fruits taste naturally.
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`62.
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`Defendant adds artificial DL-malic acid to the Product to create, enhance, simulate,
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`and/or reinforce the sweet, fruity, and tart taste that consumers associate with the pictured fruits.
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`63.
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`Defendant had the option to add naturally extracted L-Malic Acid, a naturally
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`manufactured acid such as citric acid, or natural fruit flavors, including from the fruits pictured, but
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`used artificial DL-Malic Acid because it was likely cheaper or more accurately resembled the flavors
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`of the pictured fruits than citric acid or other acids.
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`64.
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`DL-Malic Acid is synthetically produced from petroleum in a high-pressure, high-
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`temperature, catalytic process.
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`65.
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`Since there are natural and artificial types of malic acid, laboratory analysis is
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`required to identify which type was used in the Product.
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`66.
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`Laboratory analysis concluded the malic acid in Product is artificial, DL-Malic Acid,
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`instead of natural, L-Malic Acid.
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`VI. REQUIREMENTS FOR LABELING
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`67.
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`Federal food labeling regulations established by the Federal Food, Drug, and
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`Cosmetic Act (“FFDCA”) are incorporated into state requirements by the Sherman Food, Drug, and
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`Cosmetic Law, Cal. Health & Saf. Code § 109875, et seq. (“Sherman Law”).
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`68.
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`These regulations prohibit false and deceptive identification of the source of a food
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`or beverage’s characterizing flavors.
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`69.
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`The Product’s primary or “characterizing” flavor is “Berry,” which is understood by
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`consumers to mean blueberries and raspberries, because the label makes “direct or indirect
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`representations” about these berries, through words, “Berry,” and the pictures of blueberries and
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`raspberries. 21 C.F.R. § 101.22(i).
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`70.
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`The Product is required to disclose whether its characterizing berry flavors are from
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`blueberries and raspberries, natural sources other than these fruits, and/or from artificial, chemical
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`sources, such as DL-Malic Acid, from petroleum. 21 C.F.R. § 101.22(i).
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`71.
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`The lower left corner of the Product states, “Berry Flavored Soda With Other Natural
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`Flavors.”
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`This language is required by federal and state regulations where a food or beverage
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`72.
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`purports to contain some flavor from the characterizing ingredients, i.e., blueberries and raspberries,
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`and other flavor from natural sources other than the characterizing ingredients. 21 C.F.R. §
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`101.22(i)(1)(iii).
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`73.
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`The Product’s labeling, which includes, “Berry,” “Berry Flavored Soda With Other
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`Natural Flavors,” and “100% Natural Flavors,” with pictures of blueberries, raspberries, and red
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`juice droplets, is misleading because it fails to disclose the addition of artificial flavor in the form
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`of DL-Malic Acid and tells consumers it is flavored only with natural flavoring ingredients.
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`74.
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`Since the Product contains artificial flavor, DL-Malic Acid, that simulates, resembles
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`and reinforces the characterizing berry flavors of blueberries and raspberries, the name of the
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`characterizing berry flavor is required to “be accompanied by the word(s) ‘artificial’ or ‘artificially
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`flavored,’” such as “Artificial Berry Flavored Soda” or “Artificially Flavored Berry Soda” instead
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`of “Berry Flavored Soda With Other Natural Flavors.” 21 C.F.R. § 101.22(i)(2).
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`75.
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`DL-Malic Acid is not a “natural flavor” as this term is defined by federal and state
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`regulations, because it is not derived from a fruit or vegetable or any natural source.
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`76.
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`A combination of sugar and DL-Malic Acid in a ratio resembling blueberry and
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`raspberry flavors cannot be derived from a fruit or vegetable or other natural sources.
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`77.
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`A combination of sugar, natural L-Malic Acid, and artificial DL-Malic Acid
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`combined in a way to resemble the natural ratio of sugar and L-Malic Acid found in the
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`characterizing blueberry and raspberry flavors of the Product cannot be derived from a fruit or
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`vegetable or other natural source.
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`78.
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`A combination of sugars and artificial DL-Malic Acid engineered to resemble the
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`natural ratio of sugars and natural L-Malic Acid that make up the natural flavor of the characterizing
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`fruits of the Product is not a natural flavor.
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`79.
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`The natural flavors of the pictured fruits is heavily dependent on specific ratios of
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`sugar and L-Malic Acid, while the Product’s flavors depend upon a ratio of sugar and DL-Malic
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`Acid.
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`80.
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`81.
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`DL-Malic Acid could function as a flavor enhancer or PH balancer.
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`A flavor enhancer is “added to supplement, enhance, or modify the original taste and
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`or aroma of a food without imparting a characteristic taste or aroma of its own.” 21 C.F.R. §
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`170.3(o)(11).
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`82.
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`For example, malic acid added to vinegar (ascetic acid) dishes like barbecue pork,
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`coleslaw, or pickled eggs would most likely not fundamentally alter the underlying vinegar flavors.
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`83.
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`However, because the flavor imparted by malic acid is a core component of the
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`pictured fruits, DL-Malic Acid does not function as a flavor enhancer.
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`84.
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`Under these circumstances, artificial DL-Malic Acid fundamentally alters the
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`original combination of sugar and natural L-Malic Acid core to the pictured blueberries and
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`raspberry, so that the flavors of the Product are no longer a natural ratio of sugar and L-Malic Acid
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`but instead an artificial ratio of sugar and DL-Malic Acid.
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`85.
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`PH balancers are “substances added to change or maintain active acidity or basicity,
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`including buffers, acids, alkalis, and neutralizing agents.” 21 C.F.R. § 170.3(o)(23).
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`86.
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`The malic acid used is not a PH balancer because it is not necessary to change or
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`maintain active acidity or basicity in the Product.
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`87.
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`Irrespective of the purpose Defendant may claim DL-Malic Acid was added to the
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`Product, it has the same effect on its characterizing flavors.
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`88.
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`Defendant does not have the ability to command DL-Malic Acid to only perform
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`certain functions and is not allowed to decide which malic acid constitutes flavor and which malic
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`acid constitutes only a flavor enhancer or PH balancer.
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`89.
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`Plaintiff and consumers are unable to learn the malic acid listed in the ingredients is
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`the artificial version without a chemistry kit and detailed knowledge of the relevant regulations.
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`90.
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`The Product’s fruit flavor from DL-Malic Acid resembles the natural characterizing
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`flavors represented to be used.
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`91.
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`Plaintiff purchased the Product because the packaging claimed it contained “100%
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`Natural Flavors” and that only natural flavors were responsible for the berry taste.
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`92.
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`93.
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`Defendant employs chemists to create the chemical flavor formula of the Product.
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`Defendant knew or should have known that DL-Malic Acid is not naturally
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`occurring, and that by adding DL-Malic Acid, the natural flavorings would be fundamentally
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`changed.
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`94.
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`Defendant knew that DL-Malic Acid would contribute to the Product’s tart and fruity
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`taste, and that it was used to enhance the taste of the fruits pictured on the Product.
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`VII. PRODUCT LACKS APPRECIABLE AMOUNT OF BLUEBERRY AND
`RASPBERRY INGREDIENTS
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`95.
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`The Product has a blue appearance, similar to the color of a combination of
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`blueberries and raspberries.
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`96. When seen together with the promise of “100% Natural Flavors” and pictures of the
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`berries, it creates the impression the Product contains some blueberry and raspberry ingredients.
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 13 of 27
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`97.
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`Despite the representation as “Berry,” pictures of blueberries and raspberries, and
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`blue color, the ingredients reveals it contains no blueberry and raspberry ingredients.
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`CARBONATED WATER, HIGH FRUCTOSE CORN SYRUP, NATURAL
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`FLAVORS, CITRIC ACID, SODIUM CITRATE, MALIC ACID, POTASSIUM
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`SORBATE AND SODIUM BENZOATE (TO PROTECT TASTE), BLUE 1.
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`98.
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`The ingredients only list “NATURAL FLAVORS,” which is a partial source of the
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`berry taste.
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`99.
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`According to flavor expert Bob Holmes, if the Product provided “all the flavor depth”
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`of natural blueberries and raspberries, the ingredients would include blueberry and raspberry juice
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`or extract, instead of “Natural Flavors.”
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`100.
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`“Natural Flavors” and “Malic Acid” fail to tell consumers that the Product’s taste is
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`not from blueberries and raspberries, but a mix of isolated compounds from fruits, vegetables, and
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`petrochemical sources, which are combined in a laboratory, with additives and solvents, into highly
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`concentrated formulas.
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`101. The front label attempts a “disclaimer” in the lower left corner, through its statement
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`of identity, “Berry Flavored Soda With Other Natural Flavors.” 21 C.F.R. § 101.3.
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`102. This is language required by federal and state regulations where a beverage contains
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`some flavor from the characterizing ingredients, and other flavor from natural ingredients other than
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`the characterizing ingredients, which enhances, simulates, and reinforces the characterizing flavors.
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`21 C.F.R. § 101.22(i)(1)(iii).
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`103. The label is placed in a way which renders it unlikely to be seen by consumers,
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 14 of 27
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`because it is not “in bold type” nor “in a size reasonably related to the most prominent printed
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`matter,” such as the brand name, Fanta, “100% Natural Flavors,” the pictures of blueberries and a
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`raspberry, and the word, “BERRY.” 21 C.F.R. § 101.3(d).
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`104. Even if consumers noticed this small print disclosure after seeing the other
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`representations, they would not know this meant the Product did not contain an appreciable amount
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`of blueberry and raspberry flavorings and contained artificial flavor.
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`105. That the Product contains no blueberry and raspberry ingredients is confirmed by the
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`back label statement, “Contains No Juice,” above the Nutrition Facts.
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`106. To give consumers the false impression that the Product contains a greater absolute
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`and relative amount of natural blueberry and raspberry ingredients than it does, it contains the coal
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`tar dye, “BLUE 1,” a synthetic coloring made from petroleum.
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`107. According to the head of a prominent flavor and color manufacturer, “Color is the
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`first thing a consumer may consider when purchasing a food or beverage item.”
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`108. According to one website, artificial dyes are used to help hide the fact that foods do
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`not contain the types of ingredients they explicitly and implicitly promise elsewhere on their labels.
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`109. Since the Product promotes blueberries, raspberries, and “100% Natural Flavors,”
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`consumers will expect the blue color is from blueberries.
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`110. That the front label contains five blueberries to one raspberry reinforces this
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`expectation of a blue color, as opposed to a red color.
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`111. Without the added coloring, consumers would be suspect of a product labeled as
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`“Berry,” with pictures of berries, and promising “100% Natural Flavors,” because the color would
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`not be deep blue.
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`112. This could cause consumers to inspect the ingredient list to determine the truth.
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`113. Even though the Product discloses artificial coloring in the ingredient list, its usage
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 16 of 27
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`causes consumers to expect the Product is of greater quality than it is.
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`114. Though Blue 1 is approved for use in food, is has been banned in Australia and
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`Europe due to health concerns and is linked to learning disorders and hyperactivity in children.
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`115. Given that the Product is sold under the Fanta brand, Plaintiff had no reason to expect
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`the Product lacked the relative amount and type of berry ingredients.
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`VIII. RELIANCE AND ECONOMIC INJURY
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`116. Plaintiff saw and relied on the representations, which misleadingly state, “100%
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`Natural Flavors,” “BERRY,” and “Berry Flavored Soda With Other Natural Flavors,” with pictures
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`of blueberries and a raspberry, in a clear bottle of blue-colored liquid.
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`117. Plaintiff sought to purchase a product which got its taste only from natural flavoring
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`ingredients, and without artificial flavoring.
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`118. Plaintiff sought to purchase a product which contained some amount of the
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`characterizing ingredients of blueberries and raspberries.
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`119. Plaintiff would not have purchased the Product if she knew the representations were
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`false and misleading.
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`120. The Product costs more than similar products without misleading representations and
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`but for the misleading representations, would have cost less.
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`121. Plaintiff paid more for the Product than she otherwise would have, and would only
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`have been willing to pay less, or unwilling to purchase it at all, absent the misleading representations.
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`122. As a result of the false and misleading labeling, the Product is sold at a premium
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`price, approximately no less than $2.29 per 16 OZ, excluding tax or sales, compared to other similar
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`products represented in a non-misleading way, and higher than the price of the Product if it were
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`represented in a non-misleading way.
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`PARTIES
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`123. Plaintiff is a citizen of California, residing in San Mateo County.
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`124. During the relevant statutes of limitations for each cause of action, between January
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`30, 2022, and February 6, 2022, among other times, Plaintiff purchased the Product for personal and
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 17 of 27
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`household consumption and use, in reliance on the representations about its flavoring and
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`ingredients.
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`125. Plaintiff purchased the Product at Country Time Market, 2200 University Ave, East
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`Palo Alto CA 94303.
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`126. Plaintiff bought the Product because she expected it would contain “100% Natural
`
`Flavors” to provide its taste and not contain artificial flavoring and would contain more of the
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`referenced fruit ingredients than it did.
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`127. Plaintiff bought the Product because she expected it would contain more of the
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`referenced fruit ingredients than it did.
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`128. Plaintiff viewed and relied upon Defendant’s representations and omissions.
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`129. Plaintiff did not expect the Product’s taste would be provided by any ingredients that
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`were not natural.
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`130. Plaintiff tries to consume natural foods that are flavored only by natural flavorings
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`and tries to avoid synthetic and artificial ingredients and flavorings as much as possible.
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`131. Plaintiff seeks foods which contain the ingredients it represents it has.
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`132. Defendant The Coca-Cola Company is a Delaware corporation with a principal place
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`of business in Atlanta, Fulton County, Georgia.
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`133. Fanta is one of Defendant’s oldest brands.
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`134. Fanta was first made in Europe during the Second World War by Defendant’s
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`European divisions.
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`135. Fanta is a unique brand because it was originally made with added local produce for
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`flavoring, instead of sugary syrups and chemicals
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`136. Fanta has always been known as a more “natural” and fruit-centric brand of soda
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`than American soda brands, due to its European origins.
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`137. Fanta sodas are based on real fruit flavors, and typically got their bright colors from
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`fruit ingredients.
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`138. Consumers place their trust in the Fanta brand, because they do not associate it with
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`the big carbonated beverage companies and brands, like Coke, Pepsi, or Dr. Pepper
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`CLASS ACTION COMPLAINT
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`Case 4:22-cv-01362-HSG Document 23 Filed 05/26/22 Page 18 of 27
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`139. Defendant capitalizes on this consumer trust when selling the Product.
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`140. The Product is sold at thousands of locations, including grocery stores, drug stores,
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`big box stores, gas stations, convenience stores, and online.
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`141. The Product is sold in various sizes, including 12 oz cans, 16 oz bottles, and 2 liter
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`bottles.
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`142. Plaintiff would be willing to purchase the Product again if assured its taste was
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`provided only by natural flavoring ingredients.
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`143. Plaintiff would be