Consumer Blasts 7UP Maker's Preemption Claims In Label Suit

Law360, New York (April 5, 2013, 6:58 PM EDT) -- A consumer suing Dr. Pepper Snapple Group Inc. in California over its purportedly misleading marketing of 7UP sodas as healthy criticized the company’s efforts to dismiss the putative class action Thursday, saying federal preemption doesn't apply when deception is involved.

Plaintiff David Green said preemption arguments raised by Dr. Pepper Snapple in a motion to dismiss were merely an "attempt to distract" from the central issue of the suit, which alleges the company deceives consumers into thinking its beverages are healthy through prominent use on its...
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