LOS ANGELES (Legal Newsline) – A California man is suing Coca-Cola alleging that bottles of a brand of tea do not contain the amount that consumers expect.
David Greenstein filed a complaint on Aug. 12 in the U.S. District Court for the Central District of California against The Coca-Cola Co. alleging fraud and breach of contract.
The plaintiff alleges he purchased the defendant's Gold Peak Tea in the 18.5 fluid ounce bottle. The plaintiff alleges that he was misled by the defendant as the bottle has a 6.39 percent concaved area in the bottle's bottom. He alleges that the bottle makes consumers believe they are getting more tea than they actually do.
"This concaved area serves no benefit to the product or the consumer," the suit states. "Its sole purpose is to make it appear that the bottle has more tea in it than it actually does."
The plaintiff alleges that had he known about the concaved area, he would not have purchased the product or paid less for it.
The plaintiff is seeking a trial by jury, attorneys' fees, court costs and just relief. The plaintiff is representing himself.
U.S. District Court for the Central District of California case number 2:19-CV-06989