SCIORTINO v. PEPSICO, INC.
On June 28, 2016, a Northern District of California Federal Court granted
preliminary settlement approval to a class action alleging that certain
PepsiCo soda products violated California’s Proposition 65. The
settlement class includes all individuals in the United States who purchased
Pepsi, Diet Pepsi, and Pepsi One (“Covered Products”) from
January 1, 2010, until June 28, 2016. As part of the injunctive relief
only settlement, PepsiCo agreed to lower its levels of 4-MEI (4-Methylimidazole)
in certain products sold nationwide. The settlement requires PepsiCo to
ensure that certain products contain no more than 100 parts per billion
of 4- MEI. Additionally, PepsiCo agreed to conduct regularly scheduled
testing of these products to ensure compliance of what was agreed to in
the settlement. On August 25, 2016, in Courtroom 5D of the United States
District Court for the Northern District of California, located at 450
Golden Gate Avenue, San Francisco, California, before the Honorable Edward
M. Chen, the Court held a hearing to determine whether final approval
of this nation-wide class action settlement is appropriate. If approved,
class members will release their ability to seek or obtain any other injunctive
relief related to the claims asserted in this lawsuit. You may view the
settlement agreement and other related documents here:
http://www.oag.ca.gov/prop65/60-Day-Notice- 2014-00218.
Plaintiffs are represented by Pearson, Simon & Warshaw, LLP and Glancy
Prongay & Murray LLP.
If you would like to discuss this case with Pearson, Simon & Warshaw, please
contact us.