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CASE ENTRY

Geffner v. The Coca-Cola Company

Does the label “Diet Coke” (and the use of fit models in advertising) mislead consumers (in violation of New York law) into thinking the drink will assist in weight loss or at least not cause weight gain? The Second Circuit says no (and same deal with the same attorneys’ recent claims against Pepsi and Dr. Pepper). “Diet” means contains fewer calories than non-diet, and Diet Coke doesn’t have any calories.


Tags: 2019, Consumer Protection, False Advertising, Second Circuit

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