Class Action Over Pepsi Bottled Water Dismissed

Law360, New York (December 9, 2008, 12:00 AM EST) -- A federal judge has ruled in favor of PepsiCo Inc., tossing a consolidated class action against the beverage maker that alleged the labels on Aquafina bottled water fraudulently misled consumers about the product's source: the public water supply.

In a decision issued Friday, Judge Cathy Seibel of the U.S. District Court for the Southern District of New York ruled that the plaintiffs’ claims were preempted by the federal Food, Drug, and Cosmetic Act, which specifically describes the labeling requirements for bottled water and does not require...
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