9th Circ. Axes Class Certification For Coca-Cola Consumers

By Hailey Konnath (August 31, 2021, 10:44 PM EDT) -- The Ninth Circuit on Tuesday decertified a class of consumers claiming Coca-Cola falsely labels its drinks as having no artificial flavors when they contain phosphoric acid, ruling that the consumers lack standing to pursue injunctive relief in the dispute.

The three-judge panel reversed a class certification order from a California federal judge, agreeing with Coca-Cola that the consumers haven't shown that they're at risk of suffering any future harm in the years-long labeling multidistrict litigation.

"None of the plaintiffs in this case allege a desire to purchase Coke as advertised, that is, free from what they believe to be artificial flavors...

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