Coca-Cola Fights To Decertify False Ad Class At 9th Circ.
By Dorothy Atkins (February 12, 2021, 9:17 PM EST) -- Coca-Cola urged the Ninth Circuit on Friday to decertify a class of consumers alleging the beverage giant falsely labels its drinks as having no artificial flavors when it contains phosphoric acid, arguing that Coke has contained phosphoric acid for 135 years and that any alleged injury is speculative.
During a hearing, Steven A. Zalesin of Patterson Belknap Webb & Tyler LLP, argued on behalf of Coca-Cola that the consumers lack standing to get injunctive relief because they are not at risk of future deception. He added that their purported injuries are "speculative and not imminent" and that Coca-Cola's drinks and the...
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