Karas agreed with Coca-Cola that the claims were "conclusory" and that he was not required to accept them. He has been CEO and President of Pina Records since May 24, 2000. ![]() "Even taking the allegations as true - as this court must - at a motion to dismiss, the allegations in the instant complaint are a far cry from raising 'any factually substantiated allegations' that the product contains artificial malic acid, rather than natural malic acid," Karas wrote. exercised his constitutional right to a trial by jury. Karas also determined Sheehan failed to provide Coca-Cola with the pre-lawsuit notice of his claim required by New York consumer protection laws, rejecting Sheehan's arguments Coca-Cola should have already been aware of gripes by consumers. ![]() "The product states in the lower left corner: 'Pina Colada Flavored Soda With Other Natural Flavors,' which Plaintiff alleges is false and misleading, as it is 'required to be accompanied by the word(s) 'artificial' or 'artificially flavored,'" Judge Karas wrote. The suit also says drinkers who purchase a pina colada-flavored drink expect real pineapple and coconut, not flavoring. The proposed class action took aim at the claim the Fanta has 100% natural flavors despite malic acid that turns natural flavors into synthetic ones.Ĭoca-Cola called the plaintiff's allegations "conclusory and contradictory" that are too vague to sustain a claim for fraud. 7 dismissed the case filed against Coca-Cola by plaintiff Janie Hawkins and lawyer Spencer Sheehan, with prejudice. ![]() sections 922 (g) (1) and 922 (o), respectively. (Legal Newsline) - The attorney suing over pina colada-flavored Fanta soda has failed to allege a reasonable consumer would be misled by the product's packaging, a federal judge has ruled. On August 13, 2020, a grand jury returned an indictment charging Pina with possession of a firearm by a convicted felon, and possession of a machinegun, in violation of 18 U.S.C.
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