PepsiCo Continues to Challenge Specificity in Soda Lawsuit

LOS ANGELES -- PepsiCo has renewed its motion to dismiss an amended benzene soda lawsuit, claiming the plaintiffs still fail to identify false or misleading advertising associated with the company's Diet Pepsi Twist product. Jolly, et al. v. PepsiCo, et al., No. 06-0802 (S.D. Calif.).

On Oct. 10, PepsiCo reasserted its motion to dismiss, saying that Jon Jolly's amended complaint still fails to plead fraud claims with specificity. A hearing on the motion to dismiss is scheduled for Dec. 1 before Judge Barry Ted Moskowitz of the U.S. District Court for the Southern District of California.

In the motion …