Coca-Cola Target of Class Action Lawsuits Regarding Phosphoric Acid

Coca-Cola is the target of three recently-filed putative class action lawsuits in California alleging that the soda was misbranded in violation of federal and state laws because it fails to state that it includes a chemical preservative and artificial flavoring (both of which are alleged to be phosphoric acid).

Specifically, plaintiffs  contend that Coca-Cola’s labeling and advertising of its Coke products is unlawful because those product include phosphoric acid but are not labeled as including an “artificial flavor” or “chemical preservative.”  Plaintiffs contend  that phosphoric acid, as used in Coca-Cola, is more consistent with chemical preservatives or artificial flavoring under the Food Drug and Cosmetic Act than natural flavoring and “[c]ontainers of Coca-Cola do not contain a statement that they contain artificial favoring and or chemical preservatives.”  Accordingly, plaintiffs allege that Coca-Cola containers  are misbranded under both the FDCA” and corresponding provisions of California state law.  Please see the most recent complaint here.

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