PepsiCo defends consumer class action
Clients PepsiCo, Inc.
Jones Day defended PepsiCo, Inc. in a consumer class action. The allegations included breach of implied warranty of merchantability and violations of New Jersey Consumer Fraud Act based upon claim that Diet Pepsi Wild Cherry had an undisclosed tendency to form benzene, a known carcinogen. The case was filed originally in New Jersey State Court, was removed pursuant to CAFA and sought product recall, injunctive relief and damages.
Jon Jolly, et al. v. Pepsico, Inc., Case No. 06-CV-0802 BTM RBB (S.D. Cal.)