Oka Aloe Drink Falsely Advertised as Having No Preservatives, Class Action Claims

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A proposed class action alleges certain Oka-brand aloe beverages are falsely advertised as containing “No Artificial Colorants [and] Preservatives.”

According to the 11-page case, the “no preservatives” representation on the product’s front label is “false, deceptive, and misleading” because the beverage contains citric acid and sodium citrate, both of which have been declared by the FDA to be preservatives.

The lawsuit alleges that defendant Oka Products, LLC has gained an unfair advantage over competitors and overcharged consumers by falsely labeling its aloe drinks as free from preservatives.

“Had Plaintiff and proposed class members known the truth, they would not have bought the Product or would have paid less for it,” the complaint attests.

Citric acid and sodium citrate, according to the complaint, are added to food to increase their acidity and thus prevent bacteria from growing, thereby extending the products’ shelf-life. The case claims that even though the ingredients may perform other functions within the Oka aloe drink, they act as preservatives and must be identified as such in the product’s ingredients list.

The suit argues that consumers who view the beverage’s ingredients list are left uninformed as to the fact that the citric acid and sodium citrate are preservatives, the suit attests.

“This prevents consumers from learning the truth from the ingredient list, that the ‘No Preservatives’ claim is false, deceptive, and misleading, even though they are not required to scrutinize the ingredient list to confirm or debunk the front label promise of ‘No Preservatives,’” the complaint says.

The lawsuit looks to represent anyone in New York, North Dakota, Texas, West Virginia, Virginia, North Carolina, Delaware, Montana, Kentucky, Tennessee, New Hampshire, Alaska, South Dakota, Oklahoma, Utah, Nebraska, Maine and Wyoming who purchased the Oka aloe beverage during the statute of limitations period.

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