Coca-Cola Wins Partial Dismissal of Fresca Labeling Suit (1)

The Coca-Cola Co. partially defeated a product labeling suit related to its Fresca soda, but must face claims it violated various states’ consumer protection laws in marketing the drinks.

Plaintiff Mark Letoski argues that consumers would understand the phrase “sparkling soda water” on the labels of two Fresca flavors to understand the product to be carbonated water without added sugar or artificial flavoring. Both the grapefruit citrus and black cherry Fresca flavors contain aspartame, an artificial sweetener used in various diet sodas.

Judge Manish S. Shah, of the US District Court for the Northern District of Illinois, said that ...