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GEFFNER v. COCA-COLA CO.

17 Civ. 7952 (LLS).

343 F.Supp.3d 246 (2018)

Evan GEFFNER and Ivan Babsin, on Behalf of Themselves, All Others Similarly Situated, and the General Public, Plaintiffs, v. The COCA-COLA COMPANY, Defendant.

United States District Court, S.D. New York.

Signed October 31, 2018.

Attorney(s) appearing for the Case

Derek Smith Law Group, PLLC, One Penn Plaza, Suite 4905, New York, New York 10119, By: Abraham Z. Melamed, Esq., The Law Office of Jack Fitzgerald, PC, Hillcrest Professional Building, 3636 4th Avenue, Suite 202, San Diego, Ca 92103, By: Jack Fitzgerald, Esq., Trevor M. Flynn, Esq., Melanie Persinger, Esq., Sacks Weston Diamond, LLC, 1845 Walnut Street, Suite 1600, Philadelphia, PA 19103, By: Andrew Sacks, Esq., John Weston, Esq., for Plaintiffs.

Patterson Belknap Webb & Tyler, 1133 Avenue of the Americas, New York, New York 10036, By: Steven A. Zalesin, Esq., Catherine A. Williams, Esq., for Defendant.

OPINION & ORDER

In this consumer fraud class action, the plaintiffs claim that, by marketing Diet Coke as "diet," The Coca-Cola Company ("Coca-Cola") misleads consumers into believing that drinking Diet Coke will assist in weight loss or healthy weight management...

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