NEW ORLEANS – A federal class action alleges that Coca-Cola is falsely advertising its Simply Orange orange juice as all pure and natural, when the juice is actually heavily processed and flavored.
The lawsuit was filed by Nezzie Rose Christina, on behalf of herself and all others similarly situated, against Coca-Cola on June 16 in federal court in New Orleans.
Christina argues that Coca-Cola has been falsely claiming that the Simply Orange orange juice is “100% Purse Squeezed Orange Juice” and is “a pure, natural orange juice with a taste that’s the next best thing to fresh-squeezed.”
Coca-Cola is accused of deceptively promoting Simply Orange in order to take advantage of consumers’ preference for natural products and their willingness to pay a premium price for those products.
“Mass marketed orange juice such as Simply Orange cannot be fresh squeezed as fresh squeezed orange juice is unstable and has a short shelf-life,” the lawsuit states.
Coca-Cola is accused of unjust enrichment, breach of express warranty, fraudulent concealment, and violation of the Missouri Merchandising Practices Act.
The lawsuit is asking for the return of the purchase price of the juice, plus interest, expenses, and attorney’s fees.
The plaintiff is represented by Matthew B. Moreland, Daniel E. Becnel Jr., Kevin P. Klibert and Salvadore Christina of the Becnel Law Firm in Reserve. A jury trial is requested.
U.S. District Judge Ivan L. R. Lemelle is assigned to the case.
Case No. 2:12-cv-01536