WHITE PLAINS, N.Y. (Legal Newsline) – A New York man has filed a class action against Coca-Cola alleging its Honest Tea products are packaged to deceive and defraud customers regarding sugar content and calories.
William Batchelor, individually and on behalf of all others similarly situated, filed a complaint Jan. 23 in the U.S. District Court for the Southern District of New York against The Coca-Cola Co. alleging violation of New York's Consumer Protection from Deceptive Acts, negligent misrepresentation, breach of express warranty and implied warranty of merchantability, violation of the Magnuson Moss Warranty Act, fraud and unjust enrichment.
Batchelor claims Coca-Cola's Honest brand tea products has false and misleading labels because they read "just a tad sweet," leading the consumer to believe they are "low sugar." He alleges in his complaint that the product's sugar is actually the "second most predominant ingredient" in the tea "by weight."
"Defendant’s branding and packaging of the products are designed to – and do – deceive, mislead, and defraud consumers," the suit states.
Batchelor also alleges the value of the product he purchased is less than the value represented by the defendant.
Batchelor seeks preliminary and permanent injunctive relief, a trial by jury and all other just relief. He is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Southern District of New York case number 7:20-CV-00594