Coca-Cola Classes Wrongly Certified in Label Deception Suit

Coca-Cola Co. convinced the Ninth Circuit Tuesday to throw out class certification in litigation by consumers who alleged it misleadingly portrayed Coke as free of artificial flavors and preservatives when it contains phosphoric acid.

The plaintiffs lack standing to seek the label change they want, the U.S. Court of Appeals for the Ninth Circuit said in an unpublished memorandum opinion.

George Engurasoff and others challenged Coke’s marketing slogan “no artificial flavors. no preservatives added. since 1886.” Although phosphoric acid is listed among the ingredients on Coke’s labels, the company doesn’t disclose that phosphoric acid is an artificial flavoring and chemical ...