Swartz v. Coca-Cola Co.

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The federal district court for the Northern District of California ruled that plaintiffs alleging that Coca-Cola Company and two other defendants’ misled consumers with claims that their beverage bottles were “100% recyclable” did not plausibly state claims under California law. The court granted the plaintiffs what “will likely be the final opportunity to amend” to attempt to state a plausible claim. On August 17, 2023, the plaintiffs filed a second amended consolidated complaint that alleges that the addition of “100%” to “Recyclable” “suggests to consumers that the Products exceed the ordinary standard of ‘Recyclability.’”

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