Coca-Cola Defeats PFAS-Related Claims

ByPFAS Primer Team

Coca-Cola won a motion to dismiss claims alleging that the company’s Simply Tropical Juice Drink—which the company advertised as “made simply” with “all-natural ingredients”—was falsely labeled because it purportedly contained PFAS. In granting Coca-Cola’s motion to dismiss for lack of Article III standing, the district court emphasized that, while the plaintiff claimed that he conducted independent testing on a “sample” of the product in July 2022, the plaintiff did not test the product he actually purchased for PFAS. The court also noted that the plaintiff did not allege that the presence of PFAS in the product was so widespread that it was plausible that he purchased a mislabeled product. The district court granted Coca-Cola’s motion, while granting the plaintiff leave to amend to address the pleading deficiencies.

June 10, 2024 | Lurenz v. Coca-Cola Company, No. 7:22-cv-10941 (S.D.N.Y.).

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