Swartz
Swartz v. The Coca-Cola Company
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 DAVID SWARTZ, et al., Case No. 21-cv-04643-JD
Plaintiffs,
THIRD ORDER RE DISMISSAL
v.
THE COCA-COLA COMPANY, et al., Defendants.
This is a consumer class action concerning plastic water bottles that are labeled “100% Recyclable.” Dkt. No. 116 (second amended complaint (SAC)). The Court dismissed with leave to amend two prior versions of the complaint, concluding that plaintiffs have standing to sue but that their consumer deception claims against Coca-Cola, Bluetriton Brands, and Niagara Bottling were not plausible under California law and the Federal Trade Commission’s Green Guides. See Swartz v. Coca-Cola Co., No. 21-cv-04643-JD, 2022 WL 17881771, (N.D. Cal. Nov. 18, 2022); Swartz v. Coca-Cola Co., No. 21-cv-04643-JD, 2023 WL 4828680, (N.D. Cal. July 27, 2023). The parties’ familiarity with the record and these orders is assumed, and the third motion to dismiss is denied. The prior versions of the complaint fell short of plausibility because defendants are …