Coke Wins Dismissal Of 'Calorie-Burning' Enviga Suit

Law360, New York (August 10, 2010, 7:30 PM EDT) -- A federal appeals court on Tuesday affirmed the dismissal of a proposed class action that accused The Coca-Cola Co. of falsely marketing its Enviga green tea soft drink as a “calorie-burning” product.

The lead plaintiff in the case, Linda Franulovic, did not set forth sufficient evidence to show that she suffered an ascertainable loss, and summary judgment therefore was proper, according to a three-judge panel of the U.S. Court of Appeals for the Third Circuit.

“Although Franulovic argues that she gained weight as a result of...
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