Vitaminwater class action certified

August 22, 2013 by

Fotolia Water BottleA judge has ruled that a case challenging the claims on popular Vitaminwater drinks as misleading can move forward as a class action lawsuit.

Attorneys representing the health-advocacy group Center for Science in the Public Interest and consumers from several states have accused Coca-Cola Co. of using deceptive labeling on Vitaminwater beverages, including claims that they reduce risks of disease and boost the immune system.

U.S. Magistrate Judge Robert Levy said in a ruling Thursday in New York that the lawsuit can proceed as a class action lawsuit.

The plaintiffs can seek injunctive relief, which would prevent Coca-Cola from making certain claims for the product. The judge said the parties cannot seek financial damages.

In 2010, a judge denied Coca-Cola’s attempts to have the lawsuit dismissed on technical grounds.

Steve Larson
An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, consumer cases, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, employment matters, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve's clients value his creative approach to resolving complex litigation matters.

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