Geffner v. Coca-Cola Co., 2018 WL 6039325, No. 17 Civ. 7952 (LLS) (S.D.N.Y. Oct. 31, 2018)Plaintiffs alleged that, by marketing Diet Coke as “diet,” Coca-Cola misleads consumers into believing that drinking Diet Coke will assist in weight loss or healthy weight management. Scientific studies allegedly showed that the opposite is true:” nonnutritive sweeteners like aspartame interfere with the body’s ability to properly metabolize calories, leading to increased risk of weight gain and health problems.” They alleged a consumer survey showing that a majority of consumers expect diet soft drinks to help them lose weight or maintain/not affect their weight. They brought claims under NYGBL §§ 349 & 350 and related common-law claims. The plaintiffs alleged that Coca-Cola’s ad campaigns reinforced the weight-loss/control message of the name. “One longstanding 1980s advertising campaign claimed that Diet Coke…
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