Kansas Judge Allows Benzene Soda Claims to Proceed

KANSAS CITY, Kan. -- A Kansas federal judge has allowed several benzene plaintiffs to proceed with their beverage claims, rejecting several defense efforts to prove the claims are insufficiently pled. Gonzalez, et al. v. Pepsico, Inc., et al., No. 06-2163 (D. Kan.).

In the May 24 order, Judge Kathryn H. Vratil of the U.S. District Court for the District of Kansas also opted to keep jurisdiction of the claims, instead of passing the case to the U.S. Federal Drug Administration, as the defendants had suggested.

The defendants filed a motion to dismiss the second amended complaint, contending that the plaintiffs …