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Friday, December 29, 2006

Ind. Decisions - Another interesting non-Indiana 7th Circuit ruling

Judge Sykes' opinion today in Oshana v. Coca-Cola begins:

This putative class action alleges the Coca-Cola Company (“Coke”) deceived Diet Coke® consumers in Illinois by failing to disclose that fountain Diet Coke and bottled Diet Coke are not the same product. Fountain Diet Coke contains a blend of the sweeteners aspartame and saccharin; bottled Diet Coke is sweetened only with aspartame. The plaintiff’s lawyers, on behalf of a prior named class representative and a class of all Illinois purchasers of fountain Diet Coke from March 12, 1999 forward, initially filed the lawsuit in Illinois state court alleging that Coke violated the Illinois Consumer Fraud and Deceptive Practices Act (“ICFA”) and was unjustly enriched. Coke removed the lawsuit to federal court, defeated class certification, and eventually offered a substituted named plaintiff, Carol Oshana, a judgment of $650, which she accepted. Oshana reserved the right to challenge on appeal the district court’s jurisdiction and the order denying class certification. We affirm.

Posted by Marcia Oddi on December 29, 2006 11:29 AM
Posted to Ind. (7th Cir.) Decisions