NEW YORK (Legal Newsline) — A California woman is suing PepsiCo, alleging false claims that a soda did not contain preservatives.
Lisa Lindberg of Redlands, California, filed a class action lawsuit, individually and on behalf of the Proposed Rule 23 class, Aug. 19 in U.S. District Court for the Southern District of New York against
PepsiCo, Inc., and Izze Beverage Co.,
alleging negligent misrepresentation and unfair competition.
According to the complaint, Lindberg suffered financial damages from being misled into purchasing a falsely advertised product. The plaintiff alleges the defendants said Izze sodas contain no preservatives even though they contain citric acid or absorbic acid, and that the defendants falsely allege each bottle delivers two servings of fruit.
Lindberg seeks a trial by jury, injunctive and equitable relief, enjoin the defendant from continuing false advertising, actual, statutory and punitive damages, restitution and disgorgement, all legal fees and interest, plus all relief the court deems just. She is represented by attorneys Michele R. Fisher, Anna P. Prakash and Eleanor E. Frisch of Nichols Kaster PLLP in Minneapolis, and by Amanda M. Williams and Joseph C. Bourne of Gustafson Gluek PLLC, also in Minneapolis.
U.S. District Court for the Southern District of New York Case number 1:16-cv-06569-LAP