* Lawsuit claimed Diet Coke Plus touted as healthy
* Judge: Dissatisfaction with soda not reason to recover
NEW YORK, April 1 Coca-Cola Co (KO.N) has won
the dismissal of a lawsuit accusing it of deceiving consumers
into believing its Diet Coke Plus cola drink is healthy.
U.S. District Judge Noel Hillman in Camden, New Jersey
rejected arguments in the 2009 case that the world's largest
beverage maker broke that state's consumer fraud laws and
federal Food and Drug Administration rules in packaging the
The plaintiffs, two New Jersey residents, had argued that
Coca-Cola's "boasting" on the soda's label, including use of
the term "Plus" and the language "Diet Coke with Vitamins and
Minerals," falsely suggested the soda was healthy and
But the judge said there was no showing that Atlanta-based
Coca-Cola made false statements. He cited an FDA letter
explaining that the soda contains at least 10 percent of the
recommended daily value of several vitamins and minerals.
"At most, plaintiffs simply claim that their expectations
of the soda were disappointed," the judge wrote in his ruling
Thursday. "Dissatisfaction with a product, however, is not a
quantifiable loss that can be remedied."
The New Jersey residents, Thomas Mason and Molly Adams, had
sought class-action status, court papers show.
Their lawyer, John Olivo, was not immediately available for
The case is Mason v. Coca-Cola Co, U.S. District Court,
District of New Jersey, No. 09-00220.
(Reporting by Jonathan Stempel in New York; Editing by Tim