State Ex Rel. Coca-Cola Co. v. Nixon

WILLIAM RAY PRICE, JR., Judge.

I. INTRODUCTION

Diana Pennington alleges that Coca-Cola made affirmative misrepresentations and omitted material information regarding the types of artificial sweeteners used in fountain Diet Coke in violation of section 407.025. 1 At Pennington’s request, the circuit court certified the lawsuit as a class action. In its petition for a writ of prohibition, Coca-Cola argues that the circuit court abused its discretion when it certified an overly broad and indefinite class. This Court issued a preliminary writ, which we now make absolute.

II. FACTUAL AND PROCEDURAL…