Legal Opinion
Geffner v. Coca-Cola Co.
District Court, S.D. Illinois
Decided October 31, 2018No. 17 Civ. 7952 (LLS)PublishedCited by 2 opinions
1Opinion of the Court
LOUIS L. STANTON, U.S.D.J.
In this consumer fraud class action, the plaintiffs claim that, by marketing Diet Coke as "diet," The Coca-Cola Company *248("Coca-Cola") misleads consumers into believing that drinking Diet Coke will assist in weight loss or healthy weight management.
The plaintiffs filed the original complaint on October 16, 2017, which Coca-Cola moved to dismiss. In response to the motion to dismiss, the plaintiffs filed the first amended complaint ("FAC" or "complaint") on April 30, 2018 (Dkt. No. 28). Coca-Cola now moves for dismissal of that complaint. For the following reasons,…
2Cases cited13 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Ruotolo v. City of New YorkCourt of Appeals for the Second Circuit · 2008
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3Cited by2 opinions
- Excevarria v. Dr Pepper Snapple Group, Inc.Court of Appeals for the Second Circuit · 2019
- Goldstein v. Walmart, Inc.District Court, S.D. New York · 2022