Coke with cookies? Website visitors say that’s not what they ordered

Even after website visitors turned off cookies, the beverage giant continued collecting data, consumers claim in a proposed class action.(CN) — Coca-Cola secretly shared website visitors’ browsing activity and personal information with third-party advertisers and technology companies even after users opted out of tracking cookies, two California residents claim in a proposed class action.Barbara Miles and Jason Mandler filed the lawsuit Friday in Northern California federal court, accusing the beverage company of violating consumers’ privacy by misleading them about their ability to control how their online activity is tracked.The lawsuit centers on cookie consent banners displayed on websites for Coca-Cola and 11 of its beverage brands, including Sprite, Fanta, Diet Coke, Powerade, Vitaminwater, Fairlife, Smartwater and BODYARMOR.The plaintiffs say the websites offered visitors the option to reject advertising, analytics and personalization cookies through a series of toggle switches. Banners assured users that they could control their tracking preferences, stating, “We use cookies to operate our website to show you personalized content and manage our objectives as a business.”But even after visitors turned off the optional cookies, the websites continued transmitting tracking information to third parties, including Meta, Google, TikTok, Microsoft, Snapchat, Pinterest and X, the plaintiffs say.The companies’ tracking technologies collected information about users’ browsing histories, website interactions, shopping behaviors, device information, location data and information entered into website forms.The lawsuit says the plaintiffs’ attorney, Seth A. Safier of Gutride Safier, used specialized software to examine network traffic generated by the websites. Screenshots show third-party cookies being transmitted to outside companies after a user rejected all unnecessary cookies.The plaintiffs also detail their own experiences browsing the websites.Miles, a California resident, visited Coca-Cola, Sprite and Vitaminwater websites to research beverages, compare ingredients and nutritional information, and look for coupons and promotions. Mandler visited Coca-Cola, Diet Coke, Powerade and Topo Chico websites to research ingredients, sweeteners and nutritional information.Both plaintiffs say they adjusted the cookie settings to reject unnecessary tracking before continuing to browse the websites. They claim they would not have used the websites, or would have interacted with them differently, had they known their information would still be transmitted to third parties.The lawsuit argues that the tracking companies used the collected information to build consumer profiles, identify audiences based on shared characteristics and deliver targeted advertising. The plaintiffs bring claims for invasion of privacy, intrusion upon seclusion, unlawful wiretapping, fraud and unjust enrichment. They seek damages, restitution, attorneys’ fees and an injunction requiring Coca-Cola to honor consumer cookie preferences.Neither party responded to a request for comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads