Soda Firms Want Judge to Can Lawsuit

Coca-Cola Co., PepsiCo Inc. and other major producers of diet sodas have asked a New York judge to dismiss a lawsuit seeking compensation for drinkers of stale beverages sweetened with aspartame.

The consumer suit, which seeks class-action status, was filed in April in Kings County (N.Y.) Supreme Court. It was first reported Monday in Beverage Digest, a trade publication.

A Coca-Cola spokeswoman declined to comment and Pepsi officials could not be reached.

The suit also names Coca-Cola Enterprises Inc., Coca-Cola Nestle Refreshments Co. U.S.A., Pepsi-Cola Co., Seven-Up Co., Pepsi/Lipton Tea Partnership, Cadbury Beverages Inc., Canada Dry Bottling Co. of New York and Snapple Beverage Corp.

The suit says the companies committed fraud by failing to inform consumers that drinks with aspartame, which is sold under the name NutraSweet, can go stale while on store shelves.