In 2009, Coca-Cola was named in a class action lawsuit, Ackerman v. The Coca-Cola. This case is a hybrid of five previous class action lawsuits filed in the US District Court in the Eastern District of New York. The complaint, representing classes from New York, New Jersey, and California, identifies thirteen class action allegations which include state law claims based on Fraud/Misrepresentation, Unfair Business Practices, False Advertising, and Breach of Express and Implied Warranties.
As the Internet plays a more important role in marketing, false advertising claims that target companies' use of Web sites and social media continue to grow. Key cases from mid-2011 through mid-2012 evidence this phenomenon and introduce some new variations to false advertising claims. These cases include claims related to blog posts, pseudonymous online reviews, cybersquatting, and mobile applications. False advertising complaints may also be filed under state statutes. Cases involving alleged false advertising in cyberspace have increased significantly in number but with varying degrees of success. Courts have recently found in favor of companies complaining of false advertising when a competitor's Web site contains false or misleading statements. On the other hand, not all courts are willing to conclude that similar statements in blog posts or pseudonymous reviews constitute false advertising given concerns about the true identity of posters and a lack of clarity regarding the credence consumers give to such posts and reviews.