Claims Narrowed In ‘Diet Coke Plus’ Marketing Suit

Law360, New York (July 2, 2010, 1:13 PM EDT) -- A federal judge has cut unjust enrichment, negligent misrepresentation and New Jersey Consumer Fraud Act claims from a proposed class action accusing The Coca-Cola Co. of falsely marketing its Diet Coke Plus soft drink as having extra nutritional value.

Judge Noel Hillman of the U.S. District Court for the District of New Jersey partially granted the beverage giant’s motion to dismiss in an opinion issued Wednesday.

Coca-Cola, however, lost a bid to dismiss the complaint based on the doctrine of primary jurisdiction and federal preemption....
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