June 28, 2019 / 1:05 PM / 23 days ago

2nd Circuit pours cold water on ‘diet’ soft drink label lawsuits

The Coca-Cola Company did not deceive consumers by calling its sugar-free cola Diet Coke or using physically fit models to advertise it, a federal appeals court held Thursday in the first published opinion to address the question. The 2nd U.S. Circuit Court of Appeals noted that it had “summarily rejected substantially identical claims (from the same attorneys, no less)” in two nonprecedential orders earlier this year, and that two federal judges in San Francisco had dismissed nearly identical cases last year.

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