Saturday, 2 March 2013

Coca-Cola Must Face Lawsuit Over Orange Juice Labeling By Andrew Harris


Coca-Cola Co. (KO), the world’s largest soft-drink maker, must face a consumer lawsuit challenging the labeling of its Simply Orange, Minute Maid Premium and Minute Maid Pure Squeezed orange juice brands, a judge said.

The consumers allege in court filings that Coca-Cola has marketed Simply Orange as “100 percent pure squeeze” and “not from concentrate” since 2006, when in truth the juice is “chemically flavored, heavily processed, designed and modified and is not “100% pure squeezed,” “simply orange,” “pure” or “natural.”

Such labeling is deceptive and violates state consumer- protection laws, according to the consumers. The Atlanta-based company has made misleading representations about Minute Maid products too, for which it’s liable for breaches of contract, according to the complaint, which combines 13 different cases.

U.S. District Judge Fernando J. Gaitan Jr. in Kansas City, Missouri, today said the allegations were sufficient to overcome defense arguments that the company’s claims were so-called puffery or that the case was barred by federal law. Gaitan also rejected Coca-Cola’s claim the consumers failed to show they had been injured.

Coca-Cola’s media relations department didn’t immediately respond to voice-mail and e-mail messages seeking comment on the ruling.

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