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COCONUT WATER
LEGAL Monster Settles in Dealth of 14-year-old
Coke Settles Vitaminwater Lawsuit
Legal news website LawyersandSettlements.com reports that Monster Energy Corp. has settled several wrongful death lawsuits related to consumption of its energy drinks, including one that resulted in a payout of “substantial dollars,” according to an attorney representing one of the plaintiffs.
The Coca-Cola Company has reached a settlement in a lawsuit that dates back to 2009, when consumer advocacy nonprofit The Center for Science in the Public Interest accused Vitaminwater of deceiving consumers on the true beneficial nature of the products. The Associated Press announced the proposed settlement, with a Coke representative telling the AP the company “was pleased to reach an amicable resolution of these cases. Although we remain confident in our legal position, it simply made no sense to continue this costly legal battle.” As part of the settlement, Vitaminwater will add the phrase “with sweeteners” to two locations on its bottles, one of which will be prominently displayed alongside its name. The brand will also remove the phrase “vitamins + water = all you need,” “vitamins + water = what’s in your hand” and “this combination of zinc and fortifying vitamins can…keep you healthy as a horse,” from its labels. Additionally, Vitaminwater will no longer be permitted to make claims about the product’s efficacy in reducing the risk of eye disease or improving metabolic function. The settlement, which is still pending approval from a federal judge, would require the company to begin changes to be in compliance with the terms of the settlement within three months, and complete them within two years. Coca-Cola will also have to fork up $2.73 million to cover the plaintiff’s attorney fees and expenses.
Zico Goes Back to Natural ZICO is returning to a 100-percent notfrom-concentrate portfolio of coconut water products, five years after adding a coconut water from concentrate line extension. The discontinuation of the concentrate formula comes as part of a greater revamp for the brand, which ZICO’s parent company, Coca-Cola, revealed shortly before the NACS show. Coconut water made from concentrate isn’t the only thing on its way out at ZICO. The brand is also ditching its 14 oz. opaque HDPE bottles in favor of a 16 oz. clear PET bottle. To date, coconut water in such packaging has been seen almost exclusively with high pressure processed (HPP) brands like Harmless Harvest. ZICO adopting a clear plastic bottle for its on-the-go offering makes it the first larger conventional brand to do so. The best-known format for coconut water has been Tetra-Pak, which ZICO still uses for its not-from-concentrate products, particular those selling in the natural channel. Plastic bottles, on the other hand, are seen as having a broader user base, and as such have been aimed at convenience stores and other conventional retailers. The transition from HDPE to PET and concentrate to not-from-concentrate will be complete by March of 2016, when ZICO will begin rolling out its entire lineup of beverages, including ZICO Pineapple, Watermelon Raspberry, Chocolate and its natural original flavor, in the new PET bottles. ZICO will continue to also be available in its 1 L, 11 oz. and 8.4 oz. Tetra Pak sizes as well. These recent changes suggest a potential pivot in strategy for ZICO, which, upon first partnering with the Coca-Cola Company in 2009 placed heavy emphasis on the development and marketing of its from-concentrate HDPE bottles.
Details of the settlements have not been released, however, Bruce Schechter, an attorney with R. Rex Parris Law Firm, told LawyersandSettlements.com that Monster had recently paid the family of a a 14-year-old who in 2011 died of cardiac arrest. The family claims that the teen’s consumption of two cans of Monster Energy was the cause. While the name of the family and amount of money they received was not made public, LawyersandSettlements.com reported that “one high-profile lawsuit was scheduled to go to trial,” and cited the case of Anais Fournier, whose age and year of death matches that of the aforementioned case. Fournier’s family has been represented by R. Rex Parris.
8 NOVEMBER-DECEMBER 2015 BEVNET MAGAZINE