Federal lawsuit filed against Coca Cola in West Virginia over "original formula" claims
|
September 28, 2011
West Virginia: U.S. District Judge Judge John Bailey will soon have to decide if Coca Cola's use of the phrase "original recipe" is deceptive and misleading, resulting in a breach of "express warranty" and false advertising, a crime under federal law. On September 23, 2011, Owen F. Silvious, a Virginia native, filed suit in the United States District Court for the Northern District of West Virginia alleging that Coca Cola is in violation of federal law for the continued use of the phrases “Coke Classic Original Formula” and “Coke Original Formula” on its products and advertising, despite over 12 changes to the recipe since its original inception. Silvious requests that Coca Cola pay at least $1,536,000 for the alleged 7,680 violations, but the court could award up to $32,893,440. He claims that the settlement will be split between a number of charities including the Salvation Army, the United Way, the American Red Cross, the Boys and Girls Scouts of America and 15 percent to the homeless in West Virginia, with only 5 percent or at least $76,000 being returned to Silvious. Coca Cola has yet to respond to the case.[1]
See also
Footnotes
| |||||
Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Northern District of West Virginia, Southern District of West Virginia • U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia • West Virginia Intermediate Court of Appeals • West Virginia Circuit Courts • West Virginia Family Courts • West Virginia Magistrate Courts • West Virginia Municipal Courts
State resources:
Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia
