Coke Wants 9th Circ. To Ditch False Ad Class Cert.

By Mike Curley (August 4, 2020, 1:04 PM EDT) -- Coca-Cola Refreshments USA Inc. is asking the Ninth Circuit to undo a class certification in multidistrict litigation alleging it falsely labels its drinks as having no artificial flavors, saying the classes haven't shown they will be harmed without a court injunction.

In an opening brief filed Friday, Coca-Cola told the circuit court that class certification for an injunction class is only appropriate if the plaintiffs can show they expect the sodas' formulation to change to conform to the labeling, or vice versa, but could not trust the labeling without an injunction.

The proposed classes in this case can't clear that hurdle,...

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