Geffner v. The Coca-Cola Co., No. 18-3548 (2d Cir. 2019)Annotate this Case
The Second Circuit affirmed the district court's dismissal of an action alleging that Coca‐Cola violated several provisions of New York State law through misleading naming and marketing of its soft drink "Diet Coke." The court held that when included in a soft drink title, the adjective "diet" (1) refers specifically to caloric content rather than a generic promise of weight‐loss, and (2) carries a primarily relative (in relation to the non‐diet soft drink equivalent), rather than an absolute, meaning. Therefore, the court found that plaintiffs' allegations of false statements or conduct implausible on their face and held that the district court properly dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6).