Two Massachusetts residents say they were horrified to learn Coca Cola is not natural and healthy, so they're suing

Offending statement on the side of a bottle of Coke.

On the side of a 2-liter bottle of Coke.

A Boston man and a Chelmsford woman this week sued Coca Cola, alleging its flagship product is misleading and manipulating consumers into drinking it.

In their suit, filed in US District Court, Damiano DiPaola of Boston and Michelle Marino of Chelmsford both said they were regular Coke drinkers until they learned it was made with phosphoric acid, a preservative and tartness enhancer they say violates the company's marketing pledges that Coke is "natural and healthy:"

Plaintiff Marino purchased Coca-Cola in Chelmsford, Massachusetts within the past four years. In particular, she purchased Coca-Cola as an occasional treat for her three young daughters, believing that the product did not contain any artificial flavorings or chemical preservatives, and unaware that Coca-Cola contained phosphoric acid. Upon learning this information, Ms. Marino stopped purchasing Coca-Cola for her children.

Plaintiff DiPaola purchased Coca-Cola in Boston, Massachusetts within the past four years. He purchased the product for himself and drank it regularly, believing it to be a natural and healthy beverage. However, he stopped purchasing and drinking Coca-Cola when he learned that it contains artificial flavorings and chemical preservatives, including phosphoric acid.

The suit is only over the sugar-flavored original soda, not Coke's other products, such as Diet Coke. Sugar Coke does list phosphoric acid in its ingredient list.

Plaintiffs and members of the Class were unaware that the Coca-Cola products they purchased were misbranded, illegal, and worthless.

The two are seeking to become lead plaintiffs in a class action that could potentially include every regular Coke drinker in Massachusetts - they are seeking damages under Massachusetts consumer-protection and contract laws as well as federal statutes:

Plaintiffs could have purchased cheaper alternative products that were not illegal, misbranded, or worthless....

The sale of a misbranded product in Massachusetts constitutes an illegal contract and is void under Federal law and the laws of Massachusetts.

The lawsuit seeks an order forcing Coca Cola to stop with the "natural" branding as well as unspecified damages, penalties and lawyers' fees.

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Comments

Dumb lawsuit is dumb.

By on

Dumb lawsuit is dumb.

>> believing that the product did not contain any artificial flavorings or chemical preservatives, and unaware that Coca-Cola contained phosphoric acid <<

THE INGREDIENTS ARE LISTED RIGHT ON THE CAN/BOTTLE!

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My kid said that how could

By on

My kid said that how could anyone on Earth think that they can sue coca cola and win, and my kid is not even born yet !

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Oh, yeah

By on

My kid scored a 5 figure settlement with Coca Cola before he was conceived! Beat that!

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About that Marino

By on

She's not related to the holistic health practice in Camb, is she?

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27

Another one of those cases

By on

Another one of those cases where an opportunist sits around the lawyers office where they poke around to find ways to sue

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33

Some "juice" drinks have more

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Some "juice" drinks have more sugar per serving than a bottle of coke.

The "juice" boxes parents throw at young kids these days is part of the reason so many of them have diabetes. More sugar than candy bars!

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37

Less calories than half a grapefruit!

By on

One of the biggest points to make about this commercial is that the bottle of Coke she is drinking is 8 oz. Not 20 oz. Not 1 liter.

For fact's sake-

  • Half a grapefruit has 41 calories, 8.9 grams of sugar (not counting the tsp of sugar people usually put on a grapefruit half)
  • 8 oz of "Mexican Coke" (with cane sugar) has 100 calories, 26.4 g of sugar

Either the Coca-Cola company was lying outright in 1961, or the formulation has become significantly sweeter and more caloric since.

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Give me Mexican Coke or give me death!

By on

I'm not really a soda drinker but when I do partake, I go to the Stop & Shop at South Bay to get Mexican Coke. It's got real sugar while the US version has the dreaded High Fructose Corn Syrup.

The way I see it, if you're going to drink a fizzy, sugary beverage, go for the real sugar.

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27

I can't stand "cheap" Coca-Cola

I tried to drink the Coca-Cola with the HFCS (the "cheap" stuff) and it has a really bad aftertaste. The cane-sugar version (the "expensive" stuff) is much better because the cola taste comes out without the sharp aftertaste.

However, I can drink regular Pepsi without a problem - perhaps the formulation is different.

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It's great for getting rust off of nails.

And does interesting things on concrete.

Let's leave aside the fact that 'natural' is not a legal food standard and merely a form of wishful thinking and move to the more interesting thought that people still guzzle sugar water fizz slop after they are old enough to be allowed beer.

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I'm aware

but you have water for that.

My more elusive point was probably along the lines of "sugar water is crap but it's interesting when you are a kid."

Also, too Warren Buffett loves it.

The plaintiffs should have

By on

The plaintiffs should have known that corporations lie so frequently (as here claiming no preservatives) that it is assumed that they will lie, therefore in a court of law you can't sue a corporation for lying because any reasonable person assumes anything they say is a lie.

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WOW

By on

I hope that the Coke a Cola company has saved some money to pay some lawyers to fend this off. She seriously thought Coke was healthy?? Idiot.

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That's why

By on

I prefer the purity of all-natural opium. It's nature's candy.

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Sugar momma

By on

Using your children as pawns in a BS class action suit is rather disgraceful. "If I had only known the truth they'd have been raised on RC!"

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Thanks for the laugh this morning

By on

Plaintiff DiPaola purchased Coca-Cola in Boston, Massachusetts within the past four years. He purchased the product for himself and drank it regularly, believing it to be a natural and healthy beverage.

Adam, I really needed a laugh this morning because I've been thinking about some family members who live in San Francisco and are worried about the earthquake and its possible after effects.

Thank you for the hilarious and absurd distraction. When I read or hear about people like this I wonder how they even manage to dress themselves as they seem to have no grip on reality.

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Dont think these two

By on

Dont think these two individuals are going to get payed by coca cola, oh well , than millions of others will use the same argument , and do the same, coca cola has the cash to fight their argument, these two can appeal for an eternity, I hope they have the cash to pay their lawyers,unless they are part of a class action law suit, sounds like its a" too good to be true " kind of law suite , a waste of time!! And I might add an embaresment to publicly file a lawsuite againts coca cola.

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I'm not sure they care if

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I'm not sure they care if this is embarrassing to them. They are clearly not right and don't care about a thing other than an easy buck. Gutless

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Coke Lawsuit

By on

Think about this for 2 minutes~~~~many many products mislead us through the past number of years. With no apparent remorse ~~they bragged about their products EVERY WHERE they could. What about the Tobacco Industry ??? They glamorized smoking~~hooking children of all ages~~~Well sugary soft drinks ARE ADDICTIVE TOO !!!! And have caused illnesses during adulthood ! You know what ~~~Good for you two people~~~it's time our manufacturers take some responsibility for their FALSE ADVERTISING !!
Good Luck to you~~~I hope you WIN your case and Recoup some serious bucks!