Tight Pants Theory Doesn't Fly In Suit Over Enviga

Law360, New York (April 17, 2009, 12:00 AM EDT) -- A federal judge has dismissed a proposed class action accusing The Coca-Cola Co. of falsely marketing its Enviga green tea soft drink as a “calorie-burning” product, finding that “more tightly fitting pants” is not valid proof that Enviga does not work as advertised.

Judge Renee M. Bumb of the U.S. District Court for the District of New Jersey granted summary judgment to Coca Cola and dismissed the complaint Thursday, but the judge gave lead plaintiff Linda Franulovic the chance to amend her complaint to pursue a...
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