Class Action Gets Go-Ahead Against Coca-Cola

Four and a half years after the suit was was first filed, a U.S. federal judge has recommended that a proposed class-action lawsuit against Coca-Cola go ahead – as long as there’s no money involved.

The proposed class action can sue for changes to Coca-Cola’s labeling and marketing tactics.

The case is about the drink company’s Vitaminwater and the veracity of its health claims. Plaintiffs accuse Coca-Cola of overstating the benefits of the drink by suggesting it could promote healthy joints, help immune systems and fight eye disease when compared with water and other sugary drinks. Consumers from California and New York were joined by the Center for Science in the Public Interest, a supportive health-advocacy organization.

In his ruling, U.S. magistrate Robert Levy recommended the case for approval but suing for damages and monetary costs made no sense because of the nature of the plaintiffs’ claims. While monetary relief may have been a central part of the lawsuit, Levy ruled that group action couldn’t go ahead due to differences in individuals’ cases, how much they were owed, and a lack of common proof. Instead, the proposed class action can sue for changes to Coca-Cola’s labeling and marketing tactics, to bring the drink’s claims more in line with scientifically-backed studies and reports.

Actual approval will come from U.S. District Judge Dora Irizarry, and it is rare that federal judges deny magistrate recommendation.

The decision puts the case on track to go to trial – and for the alleged health claims of Vitaminwater to become the sole focus of both sides’ argument.