Fanta Berry Soda Mislabeled as Containing Only ‘Natural Flavors,’ Class Action Alleges

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A proposed class action claims that Fanta Berry soda is misleadingly labeled in that it contains more artificial flavors and fewer berry ingredients than consumers are led to expect.

The 26-page complaint alleges that because The Coca-Cola Company labels its Fanta-brand “Berry” beverage as containing “100% Natural Flavors,” alongside images of blueberries and a raspberry, a reasonable consumer would not expect the soda to contain artificial malic acid, a synthetic ingredient made from petroleum.

According to the lawsuit, consumers who view the Fanta product’s front label would be misled into believing the soda contained only natural flavors “because that is what the label says.” Per the case, consumers would not have purchased the product, or would have paid less for it, had they known the beverage contained artificial flavoring.

As the case tells it, consumers are increasingly seeking foods made with natural flavors because they believe natural products are healthier. Although the Fanta Berry soda label represents that the beverage is made with “100% Natural Flavors,” this statement is “false and misleading” because the product contains synthetic malic acid, according to the complaint.

The suit explains that malic acid, a flavoring agent that lends a tart taste, occurs naturally in fruit but can also be made synthetically from petroleum “in a high-pressure, high-temperature, catalytic process.” According to the suit, the variety found in the Fanta Berry soda is DL-malic acid, most commonly found as a synthetic mixture of both the D-malic acid isomer and the naturally occurring L-malic acid isomer.

The lawsuit claims that the addition of DL-malic acid to the Fanta soda renders the product artificially flavored given DL-malic acid does not occur naturally in fruit.

According to the case, the Coca-Cola Company uses DL-malic acid instead of L-malic acid or another natural flavor “because it was likely cheaper or more accurately resembled natural flavors than Citric Acid or other acids.” The lawsuit argues that it is misleading to state the generic name “malic acid” in the Fanta Berry soda’s ingredients list instead of the more specific name, “DL-malic acid.” 

The case claims Coca-Cola has violated federal and state food labeling laws by falsely and deceptively identifying the source of the Fanta soda’s characterizing berry flavor. Per the case, the front label of the Fanta Berry soda should have disclosed the presence of an artificial flavor to avoid misleading consumers.

The suit further alleges that consumers have been misled to expect that the Fanta soda contained more berry ingredients than it really does. Even though the front label displays the disclaimer “Berry Flavored Soda With Other Natural Flavors,” this statement is not written in bold type and is much smaller than the product’s brand name and other representations, such that consumers are not likely to see it, according to the complaint.

Moreover, the suit argues that even if a potential buyer did notice the disclaimer, they would not understand it to mean that the soda lacked “an appreciable amount of blueberry and raspberry flavorings and contained artificial flavor,” especially since the product also contains blue dye. Per the case, the color of the product reinforces the defendant’s allegedly misleading representations and causes consumers to not “be suspect” of the beverage and check its ingredients.

The lawsuit looks to represent California citizens who purchased the Fanta Berry soda for personal or household consumption within the statutory period.

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