A Kansas federal court has ruled that a lawsuit accusing soft drink makers of selling drinks made with ingredients that can form cancer-causing benzen can go forward. The lawsuit asks that makers remove the drinks from stores, change the recipe, and offer refunds to customers who bought them.
Coca Cola Company (NYSE: KO) had been a defendant, but settled earlier this month, offering refunds and reformulating the soda. PepsiCo Inc. (NYSE: PEP) said the suit is without merit, and other defendants include Sunny Delight and Rockstar.
Here's what I don't understand: If the drinks really can cause cancer, shouldn't customers be entitled to a little bit more than a refund? It seems bizarre that all that the plaintiffs want is a refund. The soda companies involved have not conceded that their products can cause cancer.
The relatively minor requests (refunds and new formula) make this suit a pretty insignificant risk for shareholders in the companies.
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