California Benzene Soda Lawsuit Dismissed with Prejudice

LOS ANGELES - A California lawsuit claiming that the purchase of PepsiCo.'s Pepsi Twist product enhanced the plaintiff's risk of exposure to benzene has been dismissed with prejudice. Jolly, et al. v. Pepsico, Inc., et al., No. 06-0802 (S.D. Calif.).

In a May 1 order, Judge Barry Ted Moskowitz of the U.S. District Court for the Southern District of California granted the joint motion, effectively dismissing the claims with prejudice.

The motion to dismiss was made on April 26.

PepsiCo had claimed during the duration of the lawsuit that the plaintiffs had failed to identify false or misleading advertising …