March 29, 2019 / 11:53 PM / 24 days ago

Consumers want entire 2nd Circuit to weigh diet soda claims

Consumers accusing Pepsi-Cola Co of falsely advertising their zero-calorie soft drinks as “diet” have asked the full 2nd U.S. Circuit Court of Appeals to revive their lawsuit.

In a petition on Thursday for a rehearing en banc, the consumers argued that a three-judge panel, which rejected their claims in a March 15 decision, had violated long-established precedent by improperly weighing evidence at the motion to dismiss stage.

To read the full story on Westlaw Practitioner Insights, click here:

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