Pepsico Says FDA Regulation Preempts Benzene Claims; Hearing Set

LOS ANGELES - In moving to dismiss a California man's claim that its Pepsi Twist drink has unsafe levels of benzene, Pepsico says the claims are preempted because they address issues regulated by the Food and Drug Administration. Jolly v. Pepsico Inc. No. 06-0802 (S.D. Calif.).

A hearing has been scheduled for Aug. 25 by the U.S. District Court for the Southern District of California to address Pepsico's July 7 motion to dismiss. The motion is based on the grounds that the plaintiff's allegations -- including that Pepsico failed to disclose information regarding Pepsi Twist's ingredients (Vitamin C and potassium …