2nd Circ. Cans Diet Coke Drinkers' False Ad Suit

Law360 (June 27, 2019, 5:10 PM EDT) -- The third time was not the charm for diet soda drinkers Thursday when the Second Circuit rejected an appeal in a suit claiming the "diet" labeling on Diet Coke was misleading, the third such suit against diet soda makers the panel has heard — and dismissed — since March.

In a published opinion “consistent with the rulings of every court that has addressed this issue,” the panel affirmed the dismissal of Evan Geffner and Ivan Babsin’s suit against The Coca-Cola Co., finding that the word “diet” when applied to soft drinks only refers to caloric content and not to any promise...

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Case Title

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Case Number

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Court

Appellate - 2nd Circuit

Nature of Suit

4370 TORTS PROPERTY-Fraud

Date Filed

November 27, 2018

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