UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

Randall Davis, on Behalf of Himself and 

all Others Similarly Situated, 

Plaintiffs, 

 v. 

The Coca-Cola Company, 

Defendant. 

 

 Civil Action No. 

COMPLAINT and 

DEMAND FOR JURY TRIAL

Plaintiff, by his attorneys, on behalf of himself and all others similarly 

situated, makes the following allegations pursuant to the investigation of his 

counsel and based upon information and belief, except as to allegations specifically 

pertaining to himself and his counsel, which are based on personal knowledge. 

NATURE OF THE ACTION

1. This class action lawsuit asserts that the leading producer and 

marketer of branded fruit juices, The Coca-Cola Company (“Coca-Cola” or the 

“Defendant”) has been falsely claiming that its heavily processed, designed and 

modified “not-from-concentrate” Simply Orange orange juice (“Simply Orange”) is 

“100% Pure Squeezed Orange Juice” and “a pure, natural orange juice with a taste 

that’s the next best thing to fresh-squeezed.” In truth, Coca-Cola’s Simply Orange 

is heavily processed and flavored – it is not 100% pure or natural. 

2. Mass marketed orange juice such as Coca-Cola’s cannot be fresh 

squeezed as fresh squeezed orange juice is unstable and has a short shelf-life. 

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Fresh squeezed orange juice has a shelf life of approximately ten days refrigerated 

and between three and six months frozen. Industrial processing and storage 

improves shelf-life, but adversely affects the flavor, aroma, and nutritional qualities 

of orange juice. Nonetheless, to extend shelf-life, Coca-Cola's Simply Orange 

undergoes extensive processing which includes the addition of aromas and flavors. 

This extensive processing changes the essential nature of Simply Orange sold by 

Coca-Cola. It is not “pure, natural orange juice.” Rather, it is a product that is 

extensively processed and manipulated, and engineered in laboratories, which 

explains its shelf-life of more than two months. 

3. Coca-Cola is well aware that consumers want and demand natural 

products, and it seeks to take advantage of that consumer preference by deceptively 

promoting and marketing its Simply Orange as “pure” and “natural” orange juice 

even though it has been pasteurized, deaerated, stripped of its flavor and aroma, 

stored for long periods of time before it ever reaches consumers, and then flavored, 

before it is packaged directly into the carton. Some of the non-natural aspects of 

these processes include: 

a. the removal of naturally present air from the intercellular spaces of 

the juice through the deaeration process; 

b. the reduction and deactivation of naturally occurring enzymes and 

microbial activity through pasteurization; 

c. long term storage of deaerated and pasteurized juices for a year or 

longer; 

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d. the addition of chemically engineered “flavor packs” to mimic the flavor 

that natural orange juice has, which because it is natural, requires no flavor 

pack; and 

e. the mixing of numerous types of oranges from Florida and Brazil that 

are then flavored to cover up the varietal and geographic differences. 

4. Rather than conveying a truthful message that Simply Orange 

actually is a heavily processed, pasteurized, deaerated, and flavored beverage, CocaCola instead markets its Simply Orange deceptively by stating simply that it is not 

reconstituted from concentrate and that it is “gently pasteurized.” 

5. Through Coca-Cola’s deception, consumers are left with the false belief 

that Simply Orange is akin to fresh squeezed orange juice. Coca-Cola’s Simply 

Orange is not fresh orange juice and its taste is a result of added flavoring not 

“gentle” processing as Coca-Cola suggests in its marketing materials and 

advertisements. 

6. Due in part to their false belief of the purity and freshness of Simply 

Orange, consumers are willing to pay a premium price for Simply Orange. 

7. Additionally, Coca-Cola’s ability to extract a premium for its Simply 

Orange would not be possible without the flavoring provided by the flavor pack. 

8. Coca-Cola falsely claims that it does not add flavoring to Simply 

Orange in its advertisements. 

9. Coca-Cola uses blending and flavor packs to maintain uniform quality 

of Simply Orange so that regardless of the season consumers purchase a uniform 

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product with a uniform taste that would be impossible with a fresh squeezed 

natural orange juice. 

10. Plaintiff seeks relief in this action individually and as a class action on 

behalf of all purchasers in the United States of Coca-Cola’s Simply Orange labeled 

and marketed as being “100% Pure Squeezed Orange Juice” (“the Class”) at any 

time from February 2008 to the present (the “Class Period”) for unjust enrichment, 

breach of express warranty, fraudulent concealment, and violation of the Illinois 

Consumer Fraud Act. Pending completion of discovery, Plaintiff may seek leave to 

amend the Class definitions. 

THE PARTIES

11. Plaintiff Randall Davis is a citizen of the State of Illinois. Plaintiff 

purchased Coca-Cola’s Simply Orange in grocery stores in Cook and Lake County, 

Illinois during the Class Period for personal, family, or household purposes. 

Plaintiff saw and read Coca-Cola’s misrepresentations that Simply Orange is “100% 

Pure Squeezed Orange Juice,” and relied on such misrepresentations in deciding to 

purchase Simply Orange. Plaintiff would not have purchased Coca-Cola’s Simply 

Orange had Coca-Cola disclosed the true nature of its product on its packaging. 

12. Defendant, The Coca-Cola Company, is a Delaware corporation with 

its principal place of business located at One Coca-Cola Plaza, Atlanta, Georgia 

30313. Defendant manufactures, markets, and sells Simply Orange nationwide. 

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JURISDICTION AND VENUE

13. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 

1332(d) because there are more than 100 class members and the aggregate amount 

in controversy exceeds $5,000,000.00, exclusive of interest, fees, and costs, and at 

least one Class member is a citizen of a state different from Defendant.

14. Pursuant to 28 U.S.C. § 1391, venue is proper in this Court because a 

substantial part of the events, omissions and acts giving rise to the claims herein 

occurred in this District. Plaintiff is a citizen of Illinois and Defendant, a citizen of 

Georgia, has distributed, advertised and sold Simply Orange, which is the subject of 

the present complaint, in this District.

FACTS COMMON TO ALL CLAIMS

A. Coca-Cola's Simply Orange Is Not Pure, Fresh or Natural

15. The term “not-from-concentrate” is intended to denote juice that is 

fresh or close to just squeezed. 

16. While consumers may understand that Coca-Cola’s Simply Orange is 

not from concentrate, consumers do not know what it actually is. 

17. Without a source of information other than Coca-Cola and the Simply 

Orange label itself, consumers are left knowing very little about the actual contents 

of a carton of Simply Orange because of the gap that Coca Cola creates between the 

reality of its heavily processed Simply Orange product and Coca Cola’s marketing 

rhetoric. 

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18. Coca-Cola understands that consumer perceptions of foods and in 

particular, natural foods, affect purchasing decisions and consumption. 

19. The term “natural” carries overtones of purity and health. 

20. For more than a quarter century, surveys have shown that consumers 

prefer to buy natural foods whenever possible and that they believe that natural 

foods taste better than other foods. 

21. Similarly, surveys have long shown that a majority of consumers 

expect that a “100% natural” food is healthier for you and would be more expensive. 

22. Consumers do not consider processed foods as nourishing as fresh, 

unprocessed foods. 

23. “Natural” was the number one descriptor consumers looked for when 

purchasing food and drinks at retail stores in 2010. 

24. Nearly 70% of consumers are extremely or very interested in and 

aware of natural foods generally and more than half of all consumers are extremely 

or very interested in natural beverages specifically. At the same time, consumers 

eschew and deliberately avoid foods and beverages containing preservatives, added 

flavoring, added colors, and other chemical additives. 

25. Consumers consider safety, taste and purity more important than price 

when shopping for food and beverages, and will therefore, pay a premium for pure 

and natural products. 

26. Consumers’ favorable views of natural beverages influence their 

behavior and – importantly for Coca-Cola – purchasing decisions. 

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27. Coca-Cola understands the importance and value of descriptors and 

labels with the words “fresh,” “natural” and “pure” to consumers when considering 

whether to buy foods and beverages. 

28. Coca-Cola also realizes that consumers are increasingly aware of the 

relationship between health and diet and that consumers are demanding fresh and 

natural products that are minimally processed. 

29. Coca-Cola recognizes the growing interest in premium quality juices, 

with very mild pasteurization, distributed refrigerated and with a limited shelf-life. 

30. Growth of Simply Orange sales has been fueled by consumer 

perception that Simply Orange is a more natural and premium product than 

reconstituted orange juice made from concentrate and frozen concentrate. 

31. Throughout Coca-Cola’s marketing materials, advertising, website, 

labeling, packaging and point-of-sale materials, Coca-Cola represents that its 

Simply Orange contains no flavoring, is “unfooled around with,” and natural. 

32. Coca-Cola also maintains a website for the promotion of its Simply 

Orange where Coca-Cola makes the following representations:1

Plant Tour

Welcome to the simply orange tour. This is our plant (orange tree), these are our 

workers (oranges on tree), this is upper management (picture focuses on sun). But 

what you won’t find around here is any freezing, flavoring or 

concentrating. Which brings us to our end product: Simply Orange. 

Honestly simple.

(Emphasis added) 

 

1 Available at http://www.Coca-Cola.com/#/trop_products/productsLanding (last 

accessed January 13, 2012). 

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Secret Recipe/February 13, 2012

Serene, picture of orange grove, sound of birds chirping. 

So, how exactly does SO always taste so fresh and delicious? Well, we’re prepared 

to share our secret recipe. Grab a pen. Ready? We start with oranges and then 

we add---nothing! Shocking, I know. Simply Orange. Honestly simple.

(Emphasis added) 

No Version 2.0

No flashy upgrades. . . You started unfooled around with. And that’s just the 

way you are going to stay. Not new, not improved. So perfect. Simply 

Orange. Honestly simple. 

(Emphasis added) 

Instructions

Do not sweeten, do not concentrate. Do not disturb. Nature at work. 

Simply Orange. Honestly simple.

(Emphasis added) 

33. Along with emphasizing that its Simply Orange is natural, Coca-Cola 

repeatedly touts its simplicity, freshness, and purity. 

34. Coca-Cola recognizes that consumers are increasingly concerned about 

the types of foods they put into their bodies and the role of good nutrition and 

overall health and well-being. 

35. While Coca-Cola claims that Simply Orange is “Honestly Simple,” 

pure, and natural, Simply Orange is far more complex and scientific. 

36. Coca-Cola’s Simply Orange is not “simply” orange juice, but rather is 

an extensively processed and flavored beverage. 

37. Coca-Cola unscrupulously capitalizes on consumers’ heightened 

demand for natural products by deceptively marketing its Simply Orange. 

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B. Coca-Cola's Simply Orange Is Extracted At Massive Processing 

Plants

38. During the Class Period, Coca-Cola included juice extracted from 

various types of sweet oranges that were processed at massive orange juice 

processing plants in Florida and Brazil. These orange juice processing plants utilize 

Brown International or FMC juice extraction systems or other similar juice 

extraction equipment, which are controlled by computers in an essentially 

automated process. 

39. Brown International Corporation systems recover orange juice by 

reaming. The reamers and cups are mounted in a vertical plane. The reamer heads 

are attached to turning shafts on the two faces of a revolving cylindrical drum. A 

feed wheel transfers oranges past a knife, which halves each fruit, to a chain of 

cups. The cups deliver the orange halves to the reamers, the juice is collected 

beneath the reamers, and the reamed half-peels are ejected from the cups by a 

device called a kicker, which fits into a slot in the cups. There are two product 

streams recovered at the juice extractor: the pulpy juice and the peel residue. These 

streams are recovered beneath the extractor lines for further processing. The 

extracted juice stream goes to a primary finisher with a larger-hole screen size to 

separate the pulpy juice from the membranes, rags, and seeds. The pulpy juice 

stream goes to another finisher with a smaller screen to effect separation of the 

juice and pulp. 

40. FMC extractors operate on the principle of instantaneous separation 

by squeezing the juice from the fruit. The extractors are arranged in linear rows. 

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The upper and lower cups start to converge upon an orange held by the extractor. 

The upper and lower cups cut two holes in the fruit and continue converging until 

the peel is separated from the fruit. Peeled fruit is then squeezed into a strainer 

tube, which separates juice from seeds and the rest of the fruit. 

41. Since the fruit must be peeled carefully before the juice is extracted to 

eliminate peel oil in the juice, which is not commercially possible at the massive 

facilities where Coca-Cola’s Simply Orange is extracted, the usual industrial 

practice is to remove excess oil during a separate de-oiling step. 

C. Natural Orange Juice Is Not De-Oiled

42. Coca-Cola endeavors to maximize juice yield from its oranges. 

Consequently, the juice ends up with too much peel oil. 

43. Because peel oil can reduce the quality of Simply Orange, Coca-Cola 

removes excess peel oil by vacuum stripping or de-oiling centrifuges. 

44. Coca-Cola, however, removes more oil than may otherwise be 

necessary so that it can add back its desired flavoring and standardize the Simply 

Orange taste. 

D. Natural Orange Juice Does Not Undergo Deaeration

45. “Air is naturally present in the intercellular spaces of fruits. During 

fruit maceration, homogenization, and juice extraction cells are crushed, the cell 

wall is disrupted and air is mixed into the juice. Air can be present as dissolved gas 

in solution or associated with the pulp particles, for example, in orange juice. 

During cell disruption, metabolites and enzymes that are normally 

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compartmentalized are mixed, producing chemical and biochemical reactions. 

Oxygen in air, present in the spaces between the juice vesicles, and from the 

surroundings, saturates the juice producing oxidation reactions that often result in 

browning, changes in aroma, and loss of nutritional value. These reactions are 

exacerbated by the increase in temperature during pasteurization and reduce the 

overall quality of the product during storage.” R. Garcia-Torres, N.R. Ponagandla, 

R.L. Rouseff, R.M. Goodrich-Schneider & J.I. Reyes-De-Corcuera, Effects of 

Dissolved Oxygen in Fruit Juices and Methods of Removal, 8 Comprehensive Rev. in 

Food Sci. & Food Safety 409 (2009) (emphasis added). 

46. Because oxygen reduces the quality of stored orange juice, Coca-Cola 

subjects its juice to a deaeration process that removes dissolved oxygen from the 

juice. 

47. Coca-Cola deliberately fails to mention that after being squeezed from 

oranges, its Simply Orange undergoes deaeration, which strips the juice of oxygen, 

so it does not oxidize. 

48. Flash or vacuum deaeration is the most common method of deaeration 

in the citrus industry. This method of deaeration “performs the dual role of 

removing oxygen and removing excess peel oil from orange juice before 

pasteurization. This operation is called ‘flash deaeration’ because of the sudden 

decrease in pressure that preheated juice undergoes as it enters the deaeration 

tank, producing a practically instantaneous separation.” Effects of Dissolved 

Oxygen, 8 Comprehensive Rev. in Food Sci. & Food Safety 417 (2009). 

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49. Importantly, when orange juice is stripped of oxygen it is also stripped 

of important volatile compounds that provide flavor and aroma. 

50. To ensure a high elimination of dissolved oxygen, Coca-Cola preheats 

its Simply Orange before deaeration. Heating orange juice further alters its flavor 

and reduces its aromatic quality. 

E. Natural Orange Juice Is Not Pasteurized and Then Stored For Up To 

One Year 

51. Coca-Cola’s Simply Orange is also pasteurized to improve its shelf-life, 

but the improved shelf life comes at the expense of the delicate flavor and aromatic 

quality of the juice. 

52. Pasteurization, a form of thermal processing, reduces, inactivates, or 

eliminates enzyme and microbial activity in orange juice to extend its shelf-life, but 

also further reduces aroma and flavor qualities, and produces undesirable off-flavor 

and off-odor compounds. 

53. Pasteurization profoundly effects aroma composition and can create 

off-flavors or their precursors from Maillard, Strecker, and acid-catalyzed hydration 

reactions. 

54. Heating causes irreversible damage to the flavor of orange juice. 

55. Numerous tests have revealed the effect of pasteurization on the 

aromatic composition of orange juice and the decrease in the amounts of important 

flavor and aroma compounds like acetaldehyde, ethyl butyrate, and hexanal. 

Finally, aroma and flavor volatiles are further altered by storage. In fact, 

increased storage time leads to a decrease in sweet odor, strength of the orange 

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odor, sweet flavor, sour flavor, and orange aftertaste, and increases off-flavors and 

off-odors. 

56. Coca-Cola advertises that its Simply Orange is “not from concentrate, 

freshly squeezed, and gently pasteurized,” again pushing the freshness of the 

product, yet fails to disclose to consumers that its product may be made from orange 

juice that has been pasteurized and, with precise nitrogen blanketing and mixing, 

stored for a year or more at a temperature of 30 degrees in multi-million gallon 

tanks at a tank farm. It has been reported that tanks have been used for over 4 

years without being cleaned or re-sterilized. This extended stopover between “grove 

and glass” is never mentioned in Coca-Cola’s advertising. 

57. “There has been no technological breakthrough or identification of 

flavor constituents that would enable thermally pasteurized juice or reconstituted 

concentrate to taste exactly like fresh juice.... It may be simply stated that heating 

irreversibly and negatively alters juice flavor, so that it no longer has the aroma 

and character of fresh juice.” Dan Kimball, Mickey E. Parish & Robert Braddock, 

Oranges and Tangerines, Processing Fruits, Science and Technology 630 (Diane M. 

Barret et al. eds., 2d ed., 2004). 

58. These are not sophisticated scientific tenets and Coca-Cola 

understands that: pasteurization changes physical and chemical properties of 

orange juice; heat drives off volatiles altering the original flavor of the fresh orange 

juice; and increased storage time and temperature conditions of storage can cause 

orange juice to deteriorate in taste and nutritional value. 

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59. Pasteurization is neither the only, nor necessarily the most altering 

step of Coca-Cola’s production of Simply Orange. 

60. Prior to storage in the aseptic tanks Simply Orange is often heated 

again and is regularly heated once more before it goes into the package. 

61. Coca-Cola knows that the more the Simply Orange is heated the more 

its flavor is depleted. 

F. Natural Orange Juice Is Not Processed with Flavor Packs 

62. Freshly squeezed orange juice smells and tastes fresh naturally. 

However, after the volatiles are stripped away from the orange juice and it is 

processed, the remaining Simply Orange is essentially an insipid, sugary, orange 

liquid that lacks the flavor and aroma of orange juice. 

63. Orange volatile flavor components can be separated into one of two 

broad categories. The first is the oil-soluble constituents in peel oil and in juice oil. 

The other flavor components consist of the water-soluble constituents present in the 

juice. 

64. The majority of the characteristic flavor of fresh squeezed orange juice 

comes from the water-soluble components found in the juice sacs. These 

components are lost during processing, deaeration, pasteurization, and long term 

storage. 

65. Without the addition of flavoring and aroma, Simply Orange would not 

only be unappealing to consumers, but would also be nearly undrinkable. 

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66. To revive this liquid to a saleable product, and unbeknownst to 

reasonable consumers, Coca-Cola re-flavors the product to taste like natural orange 

juice through the addition of flavor packs. 

67. Flavor packs are unnatural and are scientifically produced and 

designed in laboratories by chemists, food scientists and flavorists. 

68. The process of creating an objective flavor by blending various natural 

and/or synthetic aromatic materials is called formulation. Relying on olfaction and 

years of training and education, flavorists and perfumers select and blend 

numerous aromatic compounds for Coca-Cola in conformity with Coca-Cola’s needs 

and product concepts to develop flavoring so that the Simply Orange will have a 

flavor that includes three different building blocks: 

a. Top Note – the top note of flavors is composed of aroma components that 

volatilize rapidly and have lower flavor retention. Top note defines the 

first impression of the flavor. 

b. Middle Note – the middle note of flavors consists of aroma components 

that subsequently volatilize and have moderate flavor retention, and also 

forms the main body of the flavor. 

c. Base Note – the base note is a class of residual aroma components that 

volatilize very slowly and can linger for long periods of time. The base 

note contributes to determine aroma properties of the flavor. 

69. During pasteurization and deaeration, the components that compose 

the top note and middle note are lost from Simply Orange. Coca-Cola understands 

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that for its Simply Orange to have a refreshing and juicy character, it needs to have 

a strong top note. 

70. Flavorists and flavor packs, not the grower in the grove or the fruit 

itself, give Simply Orange its distinctive taste. Thus, the distinctive taste of Simply 

Orange is a product of science (i.e., flavor packs), not the fruit. 

71. The main purposes of the flavor packs are: to provide and intensify 

aromas and flavors; to supply flavors and aromas that are lost during processing; to 

suppress or mask undesired flavors that are created during processing and longterm storage; and also to enhance consumer acceptance. 

72. Flavorists process orange oils into various types of flavor materials 

with different levels of notes, flavor intensity, stability, and functionality, which 

enable Simply Orange to maintain its characteristic flavor 365 days a year. 

73. Flavorists use microbiological and enzymatic processes to convert 

limonene and other peel oil compounds into other, more valuable flavor compounds 

because of consumers’ preference for “natural” flavors. 

74. Since both microbial and enzymatic bioconversions are natural 

processes, Coca-Cola and its flavorists view the resulting products from the 

bioconversion of orange peel oil components into more valuable flavor compounds as 

natural. 

75. Reasonable consumers would not view orange juice containing flavor 

compounds derived from microbial or enzymatic bioconversion as “100% Pure 

Squeezed” or natural. 

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76. Similarly, flavor components can be obtained by removing terpene 

hydrocarbons from the recovery essence oil by distillation or extraction. This process 

is also not natural. 

77. Flavorists specially design flavor packs that include water-soluble 

liquid flavors or emulsified flavors to satisfy Coca-Cola’s specific needs and 

requirements. 

78. Emulsified flavors are obtained by adding water and emulsifiers and 

stabilizers to a flavor base, followed by homogenization. Emulsified flavors do not 

dissolve, but disperse. To ensure their dispersion state for a long time, the specific 

gravity of the emulsified flavors is adjusted to a value comparable to Simply 

Orange. 

79. Flavorists design the flavor packs to emphasize and highlight certain 

aromas and flavors associated with orange juice by fractionating orange oil and 

essence into individual components, reformulating them, and blending them in 

varying mixtures. The aroma and flavoring added to Simply Orange bears little 

resemblance to the natural orange oil and essence that leaves the juice during 

deaeration or that is altered during pasteurization or storage because of flavor 

interactions that occur during flavoring. 

80. Coca-Cola also uses flavor packs to improve the flavor and aroma of 

lower quality juice. 

81. Coca-Cola’s distinctive taste is the product of a recipe created by 

scientists and flavorists and not a product of nature. 

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82. While no single volatile can be considered a character impact 

compound, it is generally accepted that fresh orange flavor and aroma are the result 

of a collection of aroma active volatiles present in low concentrations and it is fairly 

well accepted that total aldehydes and esters play an important role in orange juice 

flavor. 

83. Aldehydes are found at high concentration in fresh orange juice. 

Aldehydes, however, are so chemically reactive that their concentrations are altered 

by thermal processing. 

84. For example, studies have shown that acetaldehyde is reduced by 

thermal processing. Acetaldehyde is the major volatile aldehyde present in orange 

juice and studies have also shown that it is a major contributor to the fresh, 

pungent odor quality of freshly squeezed orange juice. 

85. Similarly, esters are another group of chemical compounds that 

provide important flavor and aroma components for freshly squeezed orange juice. 

Total ester concentration has also been suggested as a measure of orange aqueous 

essence strength and quality. 

86. Ethyl butyrate, also known as ethyl butanoate, is one of the most 

intense odorants in orange juice and it is fairly well accepted that it is the single 

most important ester in orange juice. 

87. Coca-Cola adds high concentrations of specific chemical compounds to 

highlight the “candy” flavor of Coca-Cola’s Simply Orange. 

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88. Coca-Cola adds ethyl butyrate to its Simply Orange because it provides 

the “freshest” characteristics to Simply Orange. The addition of ethyl butyrate, 

which is water-soluble, dilutes the Simply Orange. 

89. Hydrocarbons are another chemical compound whose concentration is 

low in freshly squeezed orange juice, but vastly greater in Coca-Cola’s highly 

processed Simply Orange. 

90. The simple addition of orange peel oil to Simply Orange would not 

create Coca-Cola Simply Orange’s distinctive flavor or mask the effects of the juice’s 

extensive processing because more than 90% of the peel oil consists of terpene 

hydrocarbons, mainly limonene, but terpene hydrocarbons provide very limited 

flavor and aroma in orange juice. 

91. For example, limonene, the most prevalent terpene hydrocarbon, has 

little, if any, direct flavor or aroma impact because of its high odor thresholds. 

92. Moreover, while limonene is a major constituent in processed orange 

juice, including Simply Orange, its concentration in freshly squeezed orange juice is 

much lower because of the elevated levels of peel oil that are introduced into the 

juice during commercial juice extraction. 

93. The mixture of volatile compounds with aroma activity is responsible 

for the characteristic aroma of orange juice. 

94. Coca-Cola adds aroma and flavoring to its Simply Orange – the 

addition of which serves a technical function – to provide its processed orange juice 

an aromatic and flavor profile closer to fresh juice and to mask the effects of 

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processing and storage. The resulting product does not taste like fresh squeezed 

orange juice, but rather tastes like Simply Orange.

95. Regardless of the time of year, Simply Orange tastes the same even 

though it is made from different varieties and different blends of oranges that ripen 

at different times of the year because Coca-Cola uses added flavoring to maintain 

product consistency to address variations in the quality, variety, source, and ratios 

of oranges used (e.g., Valencia, Hamlin or Pera). 

96. Coca-Cola adds back a greater volume of volatile compounds and/or 

better quality volatile compounds to its Simply Orange to: restore flavoring lost by 

the deleterious effects of processing and long-term storage; create Simply Orange’s 

signature flavor; and ensure consistent taste and quality.

97. Coca-Cola fails to mention the use of flavor packs or that it is the 

addition of flavor packs to the Simply Orange that makes it taste “fresh” and masks 

the effects of processing and storage.

98. Coca-Cola claims falsely that Simply Orange is not flavored and 

deliberately omits any reference to Coca-Cola’s use of or reliance upon flavor packs 

that are designed by flavorists, not grown in an orange grove. 

99. Coca-Cola does not disclose to consumers on its labeling or mention in 

its advertising that its Simply Orange is dependent upon and enhanced by added 

flavoring and aroma. In fact, Coca Cola states just the opposite. Coca Cola 

expressly advertises on its website that Simply Orange is not flavored and nothing 

is added. 

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100. Coca-Cola also claims on its website that the quality, flavor, and 

characteristics of Simply Orange are a result of gentle squeezing, which is a far cry 

from the reaming and extraction methods actually used. 

101. Reasonable consumers desirous of 100% Pure orange juice have been 

deceived into purchasing Simply Orange because Coca-Cola does not declare its use 

of flavoring. 

102. Flavor packs, which are made from processed orange oil and essence, 

are not “processing aids”2 or “incidental additives” as those terms are defined by the 

United States Food and Drug Administration because they are added in significant 

levels and serve a technical function. 

103. A 1993 FDA ruling confirmed that orange oil and essence do not 

qualify as “incidental additives” under an exemption because oils and essence are 

added to fruit juice for the purposes of fulfilling certain technical functions such as 

achieving uniform quality and organoleptic properties, and the level of use of the 

added ingredients is not insignificant. 58 Fed. Reg. 2850 (Jan. 6, 1993). 

 

2 The FDA defines processing aids as: 

(a) Substances that are added during the processing of a food but are removed in 

some manner from the good before it is packaged in its finished form; 

(b) Substances that are added to a food during processing, are converted to 

constituents normally present in the food, and do not significantly increase 

the amount of constituents naturally found in the food; or 

 (c) Substances that are added to a food for their technical or functional effect in 

the processing but are present in the finished food at insignificant levels and 

do not have a technical function effect in that food. 

http://www.fsis.usda.gov/pdf/determination_of_processing_aids.pdf (last 

visited Feb. 3, 2012) 

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104. Flavor packs should not be added to Simply Orange unless they are 

clearly identified on the product label. 

105. By failing to identify the inclusion of flavor packs while including 

descriptors such as “100% Pure,” natural, “Honestly Simple”, and “unfooled around 

with,” the labeling, advertisements, and marketing materials for Simply Orange are 

deceptive and misleading. 

G. Flavor Is The Most Important Quality Criteria For Consumers 

106. Flavor has the strongest effect on quality impressions by consumers. 

Similarly, added flavorings are second only to added coloring in the disapproval 

they engender in consumers. 

107. Flavor, more than any other quality criteria for food or beverages, has 

a double meaning: it represents both substance content and physical properties. 

108. Coca-Cola understands that flavor guides consumers’ purchasing 

decisions and their willingness to pay for a product. 

109. Coca-Cola also understands by experience that when flavor 

expectations are met or exceeded, it generates repeat sales and fosters consumer 

loyalty. 

110. Flavor plays a central role in enhancing the value and appeal of CocaCola’s Simply Orange. 

111. A clear, consistent product flavor is crucial for Coca-Cola to ensure 

consumer satisfaction and maintain the appeal of Simply Orange. 

 

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H. Coca-Cola’s Misrepresentations That Simply Orange Is “100 Pure

Squeezed Orange Juice” 

112. Coca-Cola leaves out the details about how its Simply Orange is 

produced, processed, and flavored in its advertisements and on its cartons and 

containers. 

113. Coca-Cola has engaged in a uniform marketing and advertising 

program representing that Simply Orange is “100% Pure Squeezed Orange Juice,” 

“Honestly Simple,” natural and made from fresh oranges to induce consumers to 

purchase Simply Orange in reliance upon these representations. These 

representations are prominently displayed on Coca-Cola’s label, and within CocaCola’s advertisements, promotional materials, and website. 

114. Coca-Cola’s television commercials, print advertising, and on-line 

marketing is false and misleading in that it implies that the juice inside the carton 

is “100% Pure Squeezed” orange juice with nothing added. 

115. When Florida is not producing oranges, Coca-Cola’s Simply Orange is a 

mixture of Florida juice, some or all of which has been stored from previous seasons, 

and Pera orange juice processed in Brazil and shipped to the United States. 

116. Processed not-from-concentrate orange juice from Brazil is exported to 

ports in the United States in converted bulk carriers, tankers, and other massive 

shipping vessels. These orange juice tankers carry millions of gallons of orange 

juice cargo in cylindrical tanks. 

117. Brazil contributed as much as 20% of the juice contained in Coca-Cola 

Simply Orange at times during the Class Period. 

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118. While Coca-Cola provides videos and images of its groves in Florida, it 

has never advertised or shown pictures of massive orange juice tankers that carry 

millions of gallons of orange juice cargo in enormous cylindrical tanks, much less 

revealed its dependence upon them and their cargo. 

119. Coca-Cola’s representations that Simply Orange is “100% Pure 

Squeezed Orange Juice” and natural pertain to the composition, attributes, 

characteristics, nutritional value, health qualities and value of its Simply Orange. 

Therefore, Plaintiff and members of the Class purchased products that they would 

not have purchased or paid more than they otherwise would have been willing to 

pay if the Simply Orange they purchased had not been mislabeled. 

CLASS ACTION ALLEGATIONS

120. Plaintiff brings this class action pursuant to Fed. R. Civ. P. 23 (a), 

(b)(1), (b)(2), and (b)(3) on behalf of the following consumer class (the “Class”): 

All purchasers of Coca-Cola’s Simply Orange in Illinois from 

March 2006 to the present (the “Class Period”). Excluded from 

the Class are Defendant, its parent, subsidiaries and affiliates, 

their directors and officers and members of their immediate 

families; also excluded are any federal, state or local 

governmental entities, any judicial officers presiding over this 

action and the members of their immediate family and judicial 

staff, and any juror assigned to this action. 

121. Plaintiff also seeks to represent a class defined as all members of the 

Class who purchased Simply Orange. 

122. Members of the Class are so numerous that their individual joinder 

herein is impracticable. Members of the class number in the thousands. The 

precise number of Class members and their identities are unknown to Plaintiff at 

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this time but will be determined through discovery. Class members may be notified 

of the pendency of this action by mail and/or publication through the distribution 

records of Coca-Cola and third party retailers and vendors. 

123. Common questions of law and fact exist as to all Class members and 

predominate over questions affecting only individual Class members. Common 

legal and factual questions include, but are not limited to: 

(a) whether Coca-Cola was unjustly enriched by its conduct; 

(b) whether Coca-Cola breached an express warranty made to 

Plaintiff and the Class; 

(c) whether Coca-Cola advertises, or markets Simply Orange in a 

way that is false or misleading; 

(d) whether Simply Orange failed to conform to the representations, 

which were published, disseminated and advertised to Plaintiff 

and the Class; 

(e) whether Coca-Cola concealed from Plaintiff and the Class that 

Simply Orange did not conform to its stated representations; 

(f) whether, by the misconduct set forth in this Complaint, CocaCola has engaged in unfair, fraudulent or unlawful business 

practices with respect to the advertising, marketing and sales of 

Simply Orange; 

(g) whether Coca-Cola violated the Illinois Consumer Fraud Act; 

and 

(h) whether, as a result of Coca-Cola’s misconduct as alleged herein, 

Plaintiff and Class members are entitled to restitution, 

injunctive and/or monetary relief and, if so, the amount and 

nature of such relief. 

124. Plaintiff's claims are typical of the claims of the members of the Class 

as all members of the Class are similarly affected by Coca-Cola’s wrongful conduct. 

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Plaintiff has no interests antagonistic to the interests of the other members of the 

Class. Plaintiff and all members of the Class have sustained economic injury 

arising out of Coca-Cola’s violations of common and statutory law as alleged herein. 

125. Plaintiff is an adequate representative of the Class because his 

interests do not conflict with the interests of the Class members he seeks to 

represent, he has retained counsel competent and experienced in prosecuting class 

actions, and he intends to prosecute this action vigorously. The interests of Class 

members will be fairly and adequately protected by Plaintiff and his counsel. 

126. The class mechanism is superior to other available means for the fair 

and efficient adjudication of the claims of Plaintiff and Class members. Each 

individual Class member may lack the resources to undergo the burden and 

expense of individual prosecution of the complex and extensive litigation necessary 

to establish Coca-Cola’s liability. Individualized litigation increases the delay and 

expense to all parties and multiplies the burden on the judicial system presented by 

the complex legal and factual issues of this case. Individualized litigation also 

presents a potential for inconsistent or contradictory judgments. In contrast, the 

class action device presents far fewer management difficulties and provides the 

benefits of single adjudication, economy of scale, and comprehensive supervision by 

a single court on the issue of Coca-Cola’s liability. Class treatment of the liability 

issues will ensure that all claims and claimants are before this Court for consistent 

adjudication of the liability issues. 

COUNT I

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 (Unjust Enrichment) 

127. Plaintiff repeats the allegations contained in the above paragraphs as 

if fully set forth herein. 

128. Plaintiff brings this claim individually and on behalf of the members of 

the Class against defendant Coca-Cola. 

129. Although there are numerous permutations of the elements of the 

unjust enrichment cause of action in the various states, there are few real 

differences. In all states, the focus of an unjust enrichment claim is whether the 

defendant was unjustly enriched. At the core of each state’s law are two 

fundamental elements – the defendant received a benefit from the plaintiff and it 

would be inequitable for the defendant to retain that benefit without compensating 

the plaintiff. The focus of the inquiry is the same in each state. Since there is no 

material conflict relating to the elements of unjust enrichment between the 

different jurisdictions from which class members will be drawn, Georgia law applies 

to those claims. 

130. Plaintiff and Class members conferred a benefit on Coca-Cola by 

purchasing Simply Orange. 

131. Coca-Cola has been unjustly enriched in retaining the revenues 

derived from Class members’ purchases of Simply Orange, which retention under 

these circumstances is unjust and inequitable because Coca-Cola misrepresented 

that Simply Orange was “100% Pure Squeezed Orange Juice” when in fact it was 

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not, which caused injuries to Plaintiff and Class members because they paid a price 

premium due to the mislabeling of Simply Orange. 

132. Because Coca-Cola’s retention of the non-gratuitous benefit conferred 

on it by Plaintiff and Class members is unjust and inequitable, Coca-Cola must pay 

restitution to Plaintiff and the Class members for its unjust enrichment, as ordered 

by the Court. 

COUNT II

(For Breach of Express Warranty) 

133. Plaintiff repeats the allegations contained in the above paragraphs as 

if fully set forth herein. 

134. Plaintiff brings this claim on behalf of the Class.

135. Coca-Cola, as the designer, manufacturer, marketer, distributor, or 

seller expressly warranted that the Simply Orange was “100% Pure Squeezed 

Orange Juice.” 

136. In fact, Simply Orange undergoes extensive processing, lengthy 

storage, and is dependent upon added aroma and flavoring in a makeup not found 

in nature. 

137. Plaintiff and Class Members were injured as a direct and proximate 

result of Coca-Cola’s breach because: (a) they paid a price premium due to the 

mislabeling of Simply Orange and (b) Simply Orange did not have the composition, 

attributes, characteristics, nutritional value, health qualities or value as promised. 

COUNT III

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(Violation of the Illinois Consumer Fraud Act) 

138. Plaintiff repeats the allegations contained in the above paragraphs as 

if fully set forth herein. 

139. Plaintiff brings this claim on behalf of the Class under Illinois law. 

140. At all times relevant hereto, Plaintiff and Class, and Safeco, were 

“persons” within the meaning of 815 ILCS 505/1(c). 

141. At all times relevant hereto, Safeco conducted “trade” and “commerce” 

within the meaning of 815 ILCS 505/1(f). 

142. Plaintiff and Class are “consumers” within the meaning of 815 ILCS 

505/1(e). 

143. Under the Consumer Fraud Act, the use or employment of any practice 

described in Section 2 of the Uniform Deceptive Trade Practices Act (815 ILCS 

510/2) in the conduct of any trade or commerce is unlawful whether any person has 

in fact been misled, deceived or damaged thereby. 

144. Under Section 2 of the Uniform Deceptive Trade Practices Act (815 

ILCS 510/2), a person engages in a deceptive trade practice when, in the course of 

his or her business, vocation, or occupation, the person represents that goods or 

services have sponsorship, approval, characteristics, ingredients, uses, benefits, or 

quantities that they do not have or that a person has a sponsorship, approval, 

status, affiliation, or connection that he or she does not have. 815 ILCS 510/2(a)(5). 

145. Coca-Cola misrepresented that Simply Orange was 100% pure and 

natural orange juice when in fact it was not. 

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146. Coca-Cola’s misrepresentation that Simply Orange was 100% pure and 

natural orange juice constitutes a deceptive trade practice in violation of Section 2 

of the Uniform Deceptive Trade Practices Act (815 ILCS 510/2(2)). 

147. Plaintiff and all Class members suffered an ascertainable loss caused 

by Coca-Cola’s misrepresentations because they were induced to purchase or paid a 

price premium due to the descriptors and labeling on Simply Orange and CocaCola’s failure to disclose the degree of processing for Simply Orange and its 

dependence upon added flavoring. 

COUNT IV

 (For Injunctive and Declaratory Relief) 

148. Plaintiff repeats the allegations contained in the above paragraphs as 

if fully set forth herein. 

149. As set forth above, through the improper practices described above, 

Coca-Cola has intentionally misrepresented the nature of Simply Orange sold to 

Plaintiff and other members of the Class. 

150. Coca-Cola’s practices described herein are unlawful and against public 

policy, and therefore, Coca-Cola should be prohibited and enjoined from engaging in 

these practices in the future and should be compelled to correct the harm caused by 

its conduct. 

WHEREFORE, Plaintiff, individually and on behalf of all others similarly 

situated, seeks judgment against Coca-Cola, as follows: 

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A. For an order certifying the Class under Rule 23 of the Federal Rules of 

Civil Procedure and naming Plaintiff as Class Representative and his attorneys as 

Class Counsel to represent the Class members; 

B. For an order declaring the Coca-Cola’s conduct violates the law 

referenced herein; 

C. For an order finding in favor of the Plaintiff and the Class on all counts 

asserted herein; 

D. For an order awarding compensatory, treble, and punitive damages in 

amounts to be determined by the Court and/or jury; 

E. For prejudgment interest on all amounts awarded; 

F. For an order of restitution and all other forms of equitable monetary 

relief; 

G. For injunctive relief as pleaded or as the Court may deem proper; and 

H. For an order awarding Plaintiff and the Class their reasonable 

attorneys’ fees and expenses and costs of suit. 

 

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DATED: March 30, 2012 Respectfully submitted, 

RANDALL DAVIS, 

Class Plaintiff, 

 By: /s/ Jeffrey A. Leon

 

Jeffrey A. Leon 

Jamie E. Weiss 

Julie D. Miller 

COMPLEX LITIGATION GROUP LLC 

513 Central Avenue, Suite 300 

Highland Park, IL 60035 

(847) 433-4500 

Richard J. Burke 

COMPLEX LITIGATION GROUP LLC 

1010 Market Street, Suite 660 

St. Louis, Missouri 63101 

David M. Sternfield 

LAW OFFICES OF 

DAVID M. STERNFIELD, LLC 

33 North Dearborn Street, Suite 300 

Chicago, Illinois 60602 

Attorneys for Plaintiff and Proposed Class

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