A California resident has filed a putative statewide class action against PepsiCo, Inc., alleging that the company “touts Pepsi One as follows—‘Full Flavor and One Calorie are now living in complete harmony inside Pepsi One—the drink that unites the taste of regular cola with all the things you like about diet cola’—without disclosing that it contains the caramel-coloring chemical 4-methylimidazole (4-MEI), identified by the state as a carcinogen under the safe Drinking Water and Toxic enforcement Act of 1986 (Proposition 65). Ree v. PepsiCo, Inc., No. 14-0328 (U.S. Dist. Ct., C.D. Cal., filed March 4, 2014). According to the complaint, the absence of the disclosure “was a material and substantial factor which influenced [the plaintiff’s] decision to purchase Pepsi One. In fact, Plaintiff would not have purchased the Product had she known that it contained 4-MEI well in excess of Proposition 65 guidelines.”  The plaintiff includes information from a Consumer Reports article about the chemical to support her claim that the failure to disclose was false and misleading. Alleging violations of the California Unfair Competition Law and Consumers Legal Remedies Act, untrue and misleading advertising, breach of contract, intentional and negligent misrepresentation, unjust enrichment, and breach of express warranty, the plaintiff seeks injunctive relief, restitution and disgorgement, an accounting, attorney’s fees, and costs.