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Suit over Antioxidant Claims Dismissed as Duplicative

Food & Consumer Packaged Goods Litigation

Suit over Antioxidant Claims Dismissed as Duplicative

Fefferman v. Dr. Pepper Snapple Group Inc. et al., No. 3:13cv160 (S.D. Cal.):  The court has granted defendants' motion to dismiss in this putative class action alleging that defendants' label claims concerning "antioxidants" misled consumers about the product's health benefits.  The court based the dismissal on the "first-to-file" rule due to the substantially similar, earlier-filed case, Green v. Dr. Pepper Snapple Group, Inc., No. 2:12cv09567 (C.D. Cal.).  Order.

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