Hawkins v. The Coca-Cola Company

On October 28, 2021, Janie Hawkins (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Spencer Sheehan of Sheehan & Associates PC, filed a class action lawsuit against The Coca-Cola Company (“Defendant”), seeking declaratory and injunctive relief along with damages for alleged negligent misrepresentation and fraud. This case was filed in the U.S. District Court for the Northern District of Illinois, with Judge Charles P. Kocoras presiding. 

Plaintiff seeks certification under Fed. R. Civ. P. 23(b)(2) and (b)(3).

In the complaint, the plaintiff alleged, “The Coca-Cola Company manufactures, packages, labels, markets, and sells piña colada flavored soda under the Fanta brand purporting to have ‘100% Natural Flavors’ (‘Product’). The piña colada is a cocktail made with rum, cream of coconut or coconut milk, and pineapple juice, usually served either blended or shaken with ice. The taste of a piña colada is valued so highly that it has often been associated with non-alcoholic foods, from Italian ices to cookies, and to soda.”

Plaintiff then alleged, “The lower left corner of the Product states, ‘Piña Colada Flavored Soda with Other Natural Flavors.’ This language is typically used when a product has no appreciable amount of the characterizing ingredients, which includes pineapple and coconut. However, the Product has a whitish appearance, similar to that of a pina colada, which creates the impression it contains some pineapple and coconut ingredients.”

The plaintiff further alleged, “Pineapple juice is typically sold as cloudy, due to the suspended solids. However, the Product has no pineapple juice, which means its cloudy appearance is from somewhere else. This cloudy appearance is because of the use of citrus flavoring, which are oily. The ingredients include sucroseacetate isobutyrate, a weighting agent, which contributes opacity without contributing color in carbonated beverages. Additionally, this ingredient stabilizes the citrus oils.”

The plaintiff also alleged, “The added food starch, when coupled with the citrus oils comprising part of the natural flavors, enhances the cloudy appearance of the Product. The result is a beverage with not even one percent juice but with a physical appearance indicating it has some real pineapple and coconut. Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of the Product, relative to itself and other comparable products or alternatives.”

Plaintiff then alleged, “The value of the Product that plaintiff purchased was materially less than its value as represented by defendant. Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers. Had Plaintiff and proposed class members known the truth, they would not have bought the Product or would have paid less for it.”

Plaintiff presented five claims for relief, including for alleged violation of the New York General Business Law, breach of express warranty, negligent misrepresentation, unjust enrichment, and fraud.

In the prayer for relief, the plaintiff requested a judgment granting declaratory and injunctive relief. The plaintiff also requested an award for damages including, but not limited to, monetary, statutory, and punitive damages along with costs incurred by the plaintiff.

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