SAN JOSE, Calif. (Legal Newsline) — A California woman has filed a class action lawsuit Coca-Cola, alleging fraud and negligent misrepresentation.
Jackie Fitzhenry-Russell of Santa Cruz, California, filed a complaint, individually and on behalf of general public and those similarly situated, Dec. 28 in Superior Court of the California Santa Cruz Division against The Coca Cola Company and Does 1-50, alleging they made false and misleading claims regarding the actual content of their product.
The defendant removed the lawsuit to U.S. District Court for the Northern District of California on Feb. 6
According to the complaint, Fitzhenry-Russell suffered monetary damages from being misled into purchasing a falsely labeled Seagram's Ginger Ale product. The plaintiff alleges the defendants said their product was made from real ginger despite not having any ginger in the ginger ale.
Fitzhenry-Russell seeks trial by jury, enjoin the defendant, restitution, injunctive relief, compensatory damages, punitive damages, all legal fees, interest, and all other relief the court deems just. She is represented by attorneys Adam J. Gutride, Seth A. Safier, Marie A. McCrary and Kristen G. Simplicio of Gutride Safier LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 5:17-cv-00603-EJD