CLASS ACTION Lawyers to sue makers of soda

The beverage industry released a study showing a drop in soda consumption.
WASHINGTON POST
WASHINGTON -- The fight against sugary soft drinks is beginning to foam over.
A coalition of lawyers who have actively and successfully sued tobacco companies says it is close to filing a class-action lawsuit against soft-drink makers for selling sugared sodas in schools. The lawyers, who have been trying to develop a case against the soft-drink makers for more than two years, say a lawsuit could be filed within the next few weeks, probably in Massachusetts, which has one of the nation's most plaintiff-friendly consumer-protection laws.
As news reports of the pending lawsuit proliferate, the beverage industry is shoring up its defenses. On Thursday, the American Beverage Association released a study that showed a 24-percent drop in purchases of full-calorie carbonated soft drinks at schools from 2002 to 2004. In 2004, the study showed, high-schoolers drank the equivalent of one 12-ounce can of such soda a week, while younger students drank less.
Industry reaction
The reduction in soft-drink consumption in schools "started long before there were trial lawyers looking for an industry to sue," said Susan Neely, president of the beverage association. "Litigation isn't the answer to a complex social problem like childhood obesity," she added.
The beverage association's study showing the decline "reflects the overall trend of the industry," said John Sicher, editor and publisher of Beverage Digest. "Carbonated soft drinks are down across the board; water and sports-drink consumption is up."
Leading the litigation effort is Richard Daynard, an associate dean at Northeastern University School of Law in Boston, who is also president of the Tobacco Control Resource Center and chairman of the Tobacco Products Liability Project, both of which have provided legal support to attorneys suing tobacco companies.